Rights of the Accused and Arrest Procedures 1.Write a note on Rights of arrested person Rights of an Arrested Person The Constitution of India and the Code of Criminal Procedure (CrPC) provide several rights to an arrested person to ensure fairness, justice, and protection from unlawful detention and abuse of power. 1. Right to Know the Grounds of Arrest • Article 22(1) of the Constitution: No individual can be arrested without being informed of the reason for their detention. • Section 50 of CrPC: If an arrest is made without a warrant, the police must inform the arrested person of the offence and grounds for arrest. • Section 50A of CrPC: The police must notify the arrested person’s relatives or friends about the arrest. • Section 55 of CrPC: If a police officer delegates an arrest to a subordinate, the arrested person must be informed of the delegation order and grounds of arrest. • Section 75 of CrPC: In case of an arrest with a warrant, the police must notify the arrested person of the substance of the warrant. 2. Right to be Produced Before a Magistrate Without Delay • Article 22(2) of the Constitution: The arrested person must be presented before a magistrate within 24 hours. • Section 55 of CrPC: If an arrest is made without a warrant, the arrested person must be produced before a magistrate or the officer in charge of a police station without delay. • Section 76 of CrPC: The arrested person must be presented in court within 24 hours, excluding travel time. 3. Right to be Released on Bail • Section 50(2) of CrPC: If a person is arrested without a warrant for a bailable offence, they have the right to arrange for bail and must be informed of this right. 4. Right to a Fair and Just Trial • Article 14 of the Constitution: Ensures equality before the law and guarantees that all individuals in a legal dispute are treated equally. • The right to a speedy trial was upheld in Hussainara Khatoon v. State of Bihar, where the Supreme Court emphasized the need for quick disposal of cases. 5. Right to Consult a Lawyer • Article 22(1) of the Constitution: An arrested person has the right to consult and be defended by a lawyer of their choice. • Section 41D of CrPC: Even during interrogation, the arrested person has the right to consult a lawyer. • Section 303 of CrPC: Even if the trial has already started, the accused has the right to engage a lawyer for their defense. 6. Right to Free Legal Aid • Article 39A of the Constitution: The state is responsible for providing free legal aid to individuals who cannot afford legal representation. • In Khatri v. Bihar, the Supreme Court held that the state must provide free legal aid to an accused person at the first instance of their appearance before the magistrate. 7. Right to Remain Silent • While not explicitly mentioned in any law, the right to remain silent is derived from the constitutional protection against self-incrimination. • This means the accused cannot be forced to confess, and any statement made under coercion is inadmissible in court. • The magistrate must ensure that any confession is made voluntarily. 8. Right to Medical Examination • Section 54 of CrPC: If an arrested person requests a medical examination, the court may order it if the request is not made to delay or obstruct justice. • This protects the accused from physical abuse, torture, or false allegations. Conclusion These legal safeguards ensure that an arrested person is treated fairly and is protected from unlawful detention and mistreatment. The judiciary plays a crucial role in upholding these rights and ensuring justice is served.