January 6, 2024

The foundation of any democratic country’s aspiration to a just and equal society is the protection of individual liberties and rights. India upholds these principles as a flourishing democracy by granting certain fundamental rights to all of its citizens, even those who run afoul of the law.

In India, an individual who has been arrested is entitled to several protections that are intended to guarantee fairness, due process, and the maintenance of human dignity. Since it highlights the importance of an equitable and accountable criminal justice system, society as a whole as well as those facing arrest should take note of these rights.

rights of arrested person under crpc: Important Rights

The right to be informed of the Grounds of arrest 

  • Every officer or authorized person making an unwarranted arrest is required by Section 50 of the CrPC to provide the arrested individual with the reasons for their arrest. This clause guarantees openness and gives the arrested individual the opportunity to know why they are being held.
  • In addition, the arrested person must be advised of their right to disclose their arrest to friends, relatives, or any other member of their acquaintance group, as per Section 50A of the CrPC. It guarantees that the individual who has been arrested can get in touch with someone for help and let their loved ones know what’s going on.

The right to appear immediately before a magistrate

  • One of the best defenses against arbitrary detention is the right to appear before a magistrate without excessive delay. According to Section 55 of the CrPC, a police officer conducting a warrantless arrest is required, depending on the circumstances of the arrest, to present the apprehended individual to the police inspector in charge of that police station or the magistrate with jurisdiction.
  • A person who has been arrested must appear in court within 24 hours of their arrest, minus the time needed for transportation, according to Section 76 of the CrPC. This clause establishes a deadline for the arrested individual to appear in court, protecting against needless and protracted imprisonment.

The right to be Released on Bail

  • According to Section 50 of the CrPC, if an accused person is detained without a warrant, they must promptly notify the accused person of the specifics of the offense, the reason for their detention, and whether or not they are eligible for bail. If they are, they have the right to be released on bond.

The right to fair trial

  • Justice is based on the fundamental right to a fair trial. The Indian Constitution and other court rulings provide the right to a fair trial, even though the CrPC does not specifically mention this right. Equal treatment for the prosecution and defense is implied by Article 14 of the Constitution, which guarantees equality before the law.

The right to legal advice

  • The CrPC’s Section 41D guarantees inmates the right to legal counsel while being questioned.
  • According to Article 22(1) of the constitution, the individual who has been arrested is entitled to choose a counsel and to have that lawyer represent him.
  • A person has the right to be defended by a lawyer of his choice when they are accused of committing a crime and facing legal action against them, according to Section 303 of the Criminal Procedure Code.

The right to Free Legal Aid

  • According to Section 304 of the CrPC, the court is required to pay for the representation of an individual on trial before a Sessions Court if they do not have a lawyer or do not have the resources to hire one.
  • The Constitution’s Article 39A highlights the state’s obligation to offer free legal assistance in order to ensure that everyone has access to justice. The court has ruled that, regardless of whether an accused person applies for it or not, their right to free legal assistance is established the moment they are brought before the magistrate for the first time. The trial may be void if a poor accused individual is not given legal representation.

rights of arrested person case laws

  • In Yoginder Singh v State of Punjab case, the court emphasized the need to uphold Articles 21 and 22(1) of the Constitution and the arrestee’s right to disclose the arrest to any friend, relative, or interested party. When an arrestee is taken into custody, the police officer has an obligation to swiftly tell them of this privilege. The name of the person told should be noted in a diary.
  • In Prem Shukla v Delhi Administration case, in order to protect the prisoners’ rights and dignity, the court decided that handcuffs should not be used on a regular basis unless there are special circumstances.

The accused is entitled to some basic rights under the Constitution for their safety and well-being, and these rights are granted to the arrested individual. In the end, regardless of whether someone is imprisoned, we are all citizens of Indian society, and the police are tasked with ensuring our safety. The accused or those who have been arrested, whether or not they have committed a bad deed, are protected by all of these rights of arrested person; however, their safety comes first.

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