RIGHTS OF ARRESTED PERSONS – Aditya & Co Advocates , Bangalore

INTRODUCTION

According to the fundamental idea that all human beings are born with the right to live with dignity and personal liberty, these rights are enshrined in the Indian constitution and the Universal Declaration of Human Rights. The accused has several rights that can be used during the investigation, trial, and inquiry process, as well as for illegal arrest and arbitrary actions. This article discusses the accused’s procedural and constitutional rights before and after their arrest in India. Except if exceptions are made, the accused individual is presumed innocent until proven guilty in a court of law. 

RIGHTS OF A ARRESTED PERSON

1. Right To Know The Ground Of Arrest: Every accused person has the right to know the grounds for their arrest. Under Section 50 of the Criminal Procedure Code (CrPC), an arrested individual must be informed immediately of the reasons for their arrest and whether the offence is bailable or non-bailable. If bailable, the accused is entitled to bail, and it is the duty of the police to inform them. Failure to comply renders the arrest illegal. Section 50A mandates that the person making the arrest must inform the arrested person’s friends or relatives about the arrest, and inform the accused of this right. Section 55 requires that if a subordinate is authorised to arrest without a warrant, they must notify the accused of the reason as specified in the written order. Section 75 states that if the arrest is under a warrant, the arresting officer must show and explain the warrant’s substance. Non-compliance with these provisions violates the law. Additionally, Article 20(1) of the Indian Constitution prohibits arrests without informing the accused of the grounds.
2. Right To Be Taken Before Magistrate Without Delay: An accused person has the right to appear before a magistrate within 24 hours of arrest, whether the arrest is with or without a warrant, and must be held at a police station until then. Article 22(2) of the Indian Constitution mandates this, excluding travel time to the magistrate. Section 57 of the CrPC states that a person arrested without a warrant must be presented to a magistrate within 24 hours, not including travel time, and the magistrate may order detention for up to fifteen days. Section 76 of the CrPC requires that a person arrested with a warrant be brought before the appropriate court without unnecessary delay.
3. Right To Be Released On Bail: An accused person has the right to be released on bail for a bailable offence upon paying the surety amount, while bail for non-bailable offences is at the court’s discretion. The accused also has the right to know the grounds of their arrest. According to Section 50 of the CrPC, if arrested without a warrant, the accused must be immediately informed of the offence’s particulars, the grounds of arrest, and whether the offence is bailable, in which case they have the right to bail.
4. Right To Fair Trial: The accused has the right to a fair trial based on principles of equity, justice, and good conscience. Although the Code of Criminal Procedure does not explicitly mention fair trial provisions, Article 14 of the Indian Constitution ensures equality before the law, implying that every person, including the accused, should have an equal opportunity and that the principles of natural justice must be followed. This includes the right to a free and speedy trial, as upheld in Huissainara Khatoon v. Home Secretary, State of Bihar, where it was ruled that trials should be conducted as swiftly as possible.
5. Right To Consult A Legal Practitioner: The accused has the right to be represented before the magistrate by a legal advisor, a fundamental right under Article 22(1) of the Indian Constitution. This ensures that as soon as a person is in police custody, they can consult a legal practitioner for guidance on the offence, its severity, and possible remedies. For bailable offences, the legal advisor can assist in securing bail by providing the surety amount. Additionally, Section 303 of the CrPC states that any person accused of an offence or facing criminal proceedings has the right to be defended by a pleader of their choice.
6. Right To Free Legal Aid: The accused has the right to legal aid services provided by the legal service authority if their income is less than Rs. 1,50,000, verified by an income affidavit, entitling them to a free legal practitioner for court proceedings. Section 304 of the CrPC states that if an accused cannot afford a pleader during trial, the state must provide one at its expense. Article 39(A), inserted by the 42nd Amendment, mandates the state to provide legal aid to ensure equal access to justice, regardless of economic or other disabilities. Article 21 of the Indian Constitution supports this. In Khatri v. State of Bihar, it was affirmed that the state must provide free legal aid to indigent accused persons.
7. Right To Be Silent: The accused has the right to remain silent, ensuring that any confession or statement made is voluntary. Although not codified in law, this right stems from common law principles and is supported by Article 20(3) of the Indian Constitution, which protects against self-incrimination by stating that no person accused of an offence shall be compelled to be a witness against themselves. In Nandini Sathpathy v. P.L. Dani, it was affirmed that no one can force an accused to answer questions or make statements during interrogation, reinforcing the right to remain silent.
8. Right To Be Examined By The Medical Practitioner: The accused has the right to be examined by a medical specialist, as stated in Section 54 of the CrPC. If the accused requests a medical examination, alleging that evidence of their innocence or proof implicating another person could be found, the magistrate can appoint a medical practitioner to collect this evidence. In Yoginder Singh v. State of Punjab, it was shown that Articles 21 and 22(1) of the Constitution ensure that the accused can inform friends, relatives, or others about their arrest, facilitating bail for bailable offences. Police officers must inform the accused of the grounds for arrest and record the arrest details in a diary.

CONCLUSION 

In terms of preserving and safeguarding the rights of those who have committed crimes, constitutional law has advanced significantly. Patrol officers are especially prone to making mistakes since they are held accountable to the public and must deliver results quickly. India has a huge problem with illegal arrests and custodial deaths, which are primarily the result of unlawful arrests. According to India’s legal system, which upholds the principle of “innocent until proven guilty,” an accused person has certain rights as an arrested person that are not violated anytime a police officer knocks on his door to conduct an arrest. The Supreme Court of India decision in D.K. Basu vs. West Bengal is not being adequately enforced. There should be proper execution of the laws and recommendations specified in this case. It has been stated that it is the duty of the police officer to inform the accused about the grounds and offence which he has committed and if the police officer fails in performing his duty he will be punished for the violation of law.