Wednesday, 26 January 2022

RIGHTS OF ARRESTED PERSON

 


                               RIGHTS OF ARRESTED PERSON


INTRODUCTION

Any individual must be treated as an individual, independent of the way that such individual is a lawbreaker. The denounced people are additionally allowed specific freedoms, the most essential of which are found in the Indian Constitution. The fundamental supposition behind these privileges is that the public authority has colossal assets accessible to it for the indictment of people, and people, thusly, are qualified for a few insurance from abuse of those powers by the public authority. A blamed has specific privileges throughout any examination enquiry or preliminary of offense with which he is charged, and he ought to be secured against discretionary or unlawful capture.  Article 21 of the constitution provides the Indian citizen right to life and personal liberty. Section 41 to 60 covers the arrest of person. In the case of R.R.Chari vs. state of Uttar Pradesh it was said that the act of being taken into custody to be formally charged with a crime is arrest. A person can be arrested by two means with warrant or without warrant.

RIGHTS

Arrested person enjoys many rights, they are:

1) RIGHT TO KNOW THE GROUNDS OF ARREST- according to section 50(1) of criminal procedure code, every person if arrested without warrant is entitled to know the grounds for which he is arrested.  Section 55 of crpc says that the procedure when police officer deputes subordinate to arrest without warrant. Section 75 of crpc where notification of substance of warrant is being given.

2) RIGHT TO SILENCE – the accused have the right to silence against self-incrimination. Article 20(3) of the constitution provides this right to an accused.

3) RIGHT TO BE RELEASED ON BAIL – Section 50(2) of crpc provides this right.

4) RIGHT TO BE TAKEN BEFORE A MAGISTRATE WITHOUT DELAY –Section 56 and 76 of crpc gives this right. Right not to be detained for more than 24 hours (section 57 of crpc). It is to prevent unlawful arrest and for proper judicial scrutiny.

5) RIGHT TO FREE LEGAL AID – The accused should be provided free legal aid provided under Article 39A of Indian constitution.

6) RIGHT TO FAIR AND SPEEDY TRAIL – article 21 of the Indian constitution safeguards the arrested person from unfair proceedings. The trail must be fair and speedy. In Maneka Gandhi vs. Union of India it was held that law and procedure which is followed should be just, fair and reasonable kind.

7) RIGHT TO EXAMINE MEDICALLY – the accused must be examined medically under section 54 of crpc in case he has any complaints of physical torture.


CONCLUSION

Our Honourable Supreme Court had issued mandatory guidelines in the case of DK Basu vs. State of West Bengal that has to be followed by the arresting authority while making arrest. An accused person is provided a natural right by our Indian Constitution that is; right to be heard without bias which is inherent in every person. No prejudice should hamper the right to justice of an accused. This right is an implied right protected by Article 21 of the constitution. In compliance with the legal system in India that enshrines “Innocent until proven guilty”, an accused person is empowered to hold certain rights as an arrested person that cannot be hindered whenever a police officer knocks on his door to make an arrest.


By,

Asha Sebastian.




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