INTRODUCTION
The constitution and the law of India provide numerous rights to the citizens of India, even when they are arrested in criminal or any case. It is very important for one to know that under which circumstances can they be arrested and what are their rights during and after the arrest. The Supreme Court of India has provided its citizens with several laws for safeguarding the arrest of an accused. Therefore it is fundamental for every person to know their rights during an interrogation or an arrest.
A person may be arrested for a different purpose. It may be either to save the person from the assault of the public or to prevent the convict from committing an offence.
Section 46 of CrPC[1] states the mode of the arrest. In order to make an arrest, the officer is bound to actually confine the body of the person who is to be arrested until and unless there is submission to the custody by actions or words. The officer can only use force if the person to be arrested shows some resistance or tries to escape. In case the arrest is of a woman, only women constable can make the arrest. The arrest should be either before sunset or after sunrise. However, the code does not give the right to cause the death of a person who is not accused of any offence which is punishable with death or imprisonment of life.
RIGHTS OF AN ACCUSED:
1. Right to be Informed
Article 22 of the Indian Constitution provides that no person shall be detained without being informed the grounds of such arrest or shall be denied legal aid.[2]
Section 50(1) of CrPC says that an accused being arrested without a warrant has the right to know the particulars of the offence which cannot be denied by the police officers.
Section 55 of CrPC says that an accused being arrested has the right to ask for a written warrant which mentions the cause of his arrest otherwise which would be considered as an illegal arrest.
Section 75 of CrPC says that any officer executing the arrest is required to notify the cause and content of such arrest to the person being arrested if required.
2. Right to Remain Silent
Article 20(3) of the Indian Constitution states that no person who has been arrested shall be compelled to act as a witness against himself. No one can extract any kind of statement forcibly from the convict no matter what, the accused has the right to remain silent in the due course of investigation and interrogation.[3]
Narco-analysis, brain mapping and lie detector test re in violation of Article 20(3) of the constitution and forcible intrusion into a person’s mind nullifies the validity and legitimacy of this right.
3. Right to Be Released on Bail
Article 21 of the Constitution says that an accused has the right to apply bail for bailable offences and also even for non-bailable offence. Bail is granted by the court after considering the density of the offences and the evidence presented.[4]
Section 50(2) of CrPC says that where officer arrests a person accused of other than non-bailable offences without warrant has to inform the person arrested he is entitled to release on bail and may arrange for sureties on his behalf.
4. Right to Be Taken Before Magistrate Without Delay
It is the duty of the officer making an arrest to present the person arrested before a judicial officer within 24 hours without any delay, no matter how the arrest is made – with or without warrant.[5]
Section 56 of CrPC says that the accused is to be presented before magistrate or officer in charge. Where the arrest is made without warrant, the person shall be taken to the magistrate with competent jurisdiction without any delay.
Section 76 of CrPC says that delay shall not be more than 24 hours and the journey time shall be excluded.
Such a rule has been made to eliminate the possibility of the police officers compelling the person arrested to give information.
5. Rights at Trial
For a trial to be fair it must be an open court trial. It has been mandatory that an investigation must be conducted as fast as possible. [6]
In case where the maximum punishment is 2 years and once the accused is arrested the investigation must be completed within 6 months.
6. Right to Consult Legal Practitioner
Article 22(1) of the Indian Constitution states that every person who is being accused has the right to consult any legal practitioner of his choice.[7]
Section 50(3) of CrPC states that person against whom proceedings have been initiated has the right to choose a legal practitioner of his own interest as soon as the person is arrested.
7. Right to Free Legal Aid
Section 304 CrPC states that the state is under obligation to assign legal aid to the indigent accused person. The right starts as soon as the trial begins. This right cannot be denied even if the accused fails to apply for it.[8]
8. Right to be Examined by Medical Practitioner
Section 54 of CrPC provides the right of the accused to seek for examination by the medical practitioner. When a person is detained or produced before the magistrate the medical examination of his body will afford evidence which will lead to disapproving the commission of offence by him. This may also lead to evidence which proves that the offence may be committed by someone else.
This also works as a check to ensure that if the accused has been undergone through any harassment o torture by the police officers.
There are a few extra rights provided to women accused. They are as follows –
- No women can be arrested before sunrise or after sunset.
- Whenever it is necessary to cause a female to be searched, the search must be made by another female with regard to decency.
- Whenever a female is to be examined, the examination shall only be conducted under the supervision of a registered female medical practitioner.
- Female accused should be guarded by women constable and shall be questioned in the presence of women constables.
- female suspects must be kept in a separate locker room.
- No women under 15 age shall be required to attend at any place other than the place in which she resides.
- Women have the right to file a Zero FIR (an FIR that can be filed in any police station regardless of the place of incidence or jurisdiction).
- Women have the right not to be handcuffed while arrest.[i]
CONCLUSION
Our constitution follows the theory “Let hundreds go unpunished, but never punish an innocent person”. It provides safeguards even to the accused persons. It is the duty of the concerned officers to protect all the individuals and their rights in society. It is their duty to make sure that free and fair trial takes place according to the procedure established by the law.
[1] Indian Kanoon, The Code Of Criminal Procedure, 1973
https://indiankanoon.org/doc/706971/
[2] D.K. Basu vs. State of West Bengal 1997 (1) SCC 416)
[3] Nandini Sathpathy v. P L Dani, AIR 1978 SC 1025
[4] Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453
[5] State of Punjab v Ajaib Singh
[6] Hussainara Khatoon v. Home secretary State of Bihar AIR 1979 SCR (3) 532
[7] janardhan Reddy v State of Hyderabad AIR 1951SC 217
[8] Suk Das v. Union Territory of Arunachal Pradesh AIR 1986 SC 991
[i] http://www.legalservicesindia.com/article/1635/Rights-of-Arrested-Person.html
http://lawtimesjournal.in/arrested-persons-rights-under-crpc/
This article is authored by Gayathri Rajagopal, 2nd Year BA LLB, student of FIMT, IP University.
Read Also: Right to Speedy Trial
