In this article, we are providing the Rights of an arrested person under Crpc which will be helpful to understand rights of an arrested person which is given under the criminal procedure code
Rights of an arrested person under Crpc – The Constitution of India is a guardian of the rights of the people of this country. The constitution of India protects the fundamental rights of an individual irrespective of their status in society.
A person is innocent until found guilty at the end of the trial. In a democracy, the human rights of every person are protected.
The accused in the crime is an innocent person during the entire trial. An accused have been given a lot of rights at the time of the arrest. India has a proper process of arrest and many rights for the arrested person.
Rights of the arrested person
1) Right To Know The Grounds of Arrest
If any person is arrested then it is the duty of the police officer to inform the grounds of arrest to the arrested person. Article 22 of the constitution of India gives a right to know the grounds of arrest.
Article 22 says that – no police officer can arrest a person without giving them information about the reasons/grounds of the arrest.
Section 50 of Crpc states that no police officer can arrest a person without a warrant. a police officer must inform the crime and reasons/grounds of the arrest.
It is the duty of the police officers to inform the grounds of arrest to an arrested person which he can not refuse.
section 55 of crpc says that if a senior police officer deputed a subordinate officer to arrest a person. then there must be a written order of senior officer specifying the offense and it must be notified to the person to be arrested.
2) Right to be released on Bail
If any person is arrested without a warrant and is accused of a bailable offense then he has the right to be released on bail. He must be released after making arrangements for sureties or on payment of the surety amount. It is a right of arrested person to be released on bail which is given by section 50(2) of crpc.
3) Right to a Fair trial
It is a fundamental right of an arrested person is to get a fair and just trial. Article 14 of the Constitution of India states that ‘every person is equal before the law’. This means that the law is the same for everyone and there is no discrimination in the trial.
In “Huissainara Khatoon v/s Home Secretary, State of Bihar” the court upheld the right to a speedy trial.
4) Right to be produced before a magistrate
If a police officer has arrested a person without a warrant. -:
The arrested person should be brought before a judge by the police officer without any delay.
According to Article 22 of the Constitution of India. – a person arrested by a police officer must be produced before a judge within 24 hours. And if the police officer fails to do so, it is wrongful detention of the person.
Section 55 and 76 of the CRPC also states that an arrested person must be produced before a judge without any unnecessary delay. The production before the magistrate must be within 24 hours of the arrest.
5) Right to consult a legal practitioner
The Indian Constitution and the CRPC give the arrested person the right to consult a lawyer of his choice. He can consult his lawyers in front of the police officer but cannot at the time of the hearing.
6) Right to free legal Aid and to be informed about it
Article 39A of the Indian Constitution states that free legal aid should be provided to the needy.
In the case of Khatri v. Bihar, the court said that the state should provide free legal aid to the indigent accused persons. t is the duty of the magistrate to inform such accused about their rights.
In the case “Sukh Das v. Arunachal Pradesh” Court has ruled that. “Even if the poverty-stricken accused fails to apply for free legal aid his right to free legal aid cannot be denied.”
7)Right to be examined by a medical practitioner
It is the right of the arrested person to be examined by the doctor. The Sheela Barse vs State of Maharashtra Supreme Court said that it is the duty of a magistrate to inform the arrested person about his right to be examined by a medical practitioner under section 54 of crpc.
8) Right To Silence
The right to remain silent is not mentioned in any Indian law. However, its right can be derived from the CRPC as well as the Indian Evidence Act.
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