Rights of Arrested Person Under CrPC and Constitution of India

Shivi Forensics
Topic: Rights of Arrested Person Under CrPC and Constitution of India
Created by: Sheemin Naaz Z
Volunteer, Shivi Forensics

Introduction
When a person is arrested, they are placed under the control of a lawful authority authorized to detain individuals. The arrested person is typically questioned regarding the allegations against them and, Understanding the rights that significance of a fair and responsible criminal justice system. The rights of a arrested person are implied by the Code of Criminal Procedure, the Constitution of India and various judgements.

Rights of Arrested Person

1. Right to know the Ground of Arrest
  • Section 50 of CrPC, mandates that every officer or authorized person of the reasons for their arrest. This provision ensures transparency and allows the arrested person to understand the basis for their detention.
  • Section 50A of CrPC The police officer should inform the arrested person that he has a right to information about his arrest to the nominated person as soon as he is put under custody. It ensures that the arrested person can reach out to someone for support and inform their relations about their situation, as also defined under Section 50(1) of CrPC.
  • Section 75 of CrPC, says that the police officer executing the warrant should notify the substance to the person arrested and show him, a warrant if it required.
  • Article 22(1) of the Indian Constitution also states that no police officer should arrest any person without informing the ground of arrest.
2. Right to be Presented Before Magistrate Without Delay
  • Section 55 of CrPC states that a police officer making a warrantless arrest must produce the arrested person without unnecessary delay before magistrate having jurisdiction or a police officer in the charge of the police station, depending on the circumstances of the arrest.
  • Section 76 of CrPC mandates that an arrested person must be brought before the court within 24 hours of their arrest, excluding the time required for transportation.
  • Article 22(2) of the Indian Constitution states that if the police officer fails to produce before magistrate within 24 hours, he will be liable for wrongful detention.
  • Section 55A of CrPC places the responsibility on the custodial officer to take reasonable care of the safety and health of the detained person. The arrested person must be protected from any form of brutal treatment.
3. Rights to be Released on Bail
  • Section 50(2) of CrPC states that when a police officer arrests any person without a warrant for an offence other than non- bailable offence, they must inform the arrested person that they have the right to be released on bail.
4. Right to Fair Trail / Speedy Trail
  • Article 14 of the Indian Constitution states that equality before the law, implying that both the prosecution and the defence must be treated impartially.
  • Section 309 of CrPC states in every inquiry or trail, the proceedings shall be continued from day to day until all the witnesses in attendance have been examined unless the court finds the adjournment of the same beyond the following day necessary for reasons to be recorded.
5. Right to Free Legal Aid
  • Section 30 4 of CrPC states that if a person on trial before a court of session does not have a legal practitioner or lacks adequate means the court may appoint a lawyer at the expense of the state.
  • Article 39 A of the Indian Constitution emphasizes that state’s responsibility to provide free legal aid for the purpose of securing justice. The court held that “to provide free legal aid begins from the moment the accused person is produced before the magistrate for the first time, regardless of whether they apply for it.
6. Right to Consult a Lawyer
  • Section 41 D of CrPC grants the arrested person the right to consult with their lawyer during the process of questioning by the police. This provision allows the arrested person to seek legal advice, understand their legal position, and make informed decisions.
  • Article 22(1) of the Indian Constitution states that the no police officer should arrest any person without informing the ground of arrest.
  • Section 303 of CrPC states that when a person accused of an offence before the criminal court or against whom proceedings have been initiated, has a right to be defended by a legal practitioner of his choice.
7. Right to Keep Silence
  • Article 20(3) of the Indian Constitution states that “No person accused of any offence shall be compelled to be a witness against himself”. This is the principle of self-incrimination. It means no one can force any person to give any statement or to answer questions and the accused has a right to keep silence during the process of interrogation.
  • Section 313 of CrPC states that accused person has right to maintain silence during examination.
8. Right to be Examined by the medical practitioner
  • Section 54 of CrPC states that any arrested person has the right to be examined by a medical officer in the service of the Central or State Government. It further states that in case the medical officer is not available then the accused person is examined by a registered medical practitioner soon after the arrest is made.
9. Other Rights
  • Section 358 of CrPC states the right to settlement for an arrested person who has been wrongfully detained. This provision ensures that individuals who have been unlawfully deprived of their liberty are compensated for the damages suffered.
  • Section 41A of CrPC states that the police officer may give the notice to a person suspected of committing a non-bailable offence to appear before him at such date and place.
  • Section 46 of CrPC states the mode of the arrest. The police officer should not cause death to the person while making an arrest unless the arrestee is charged with an offence punishable with death or life imprisonment.
  • Section 49 of CrPC states that the police officer should not make more restrained than in necessary for the escape. Restrain or detention without an arrest is illegal.
  • Section 313 of CrPC states that accused person has right to maintain silence during examination.
  • Section 314 of CrPC deals with Oral Arguments and Memorandum of Arguments, allowing any party after closing their evidence to make concise oral arguments and submit a written memo with key points, which becomes part of the court recordings.
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