Arrest is a scary matter in India, and to burst the balloon, it is not handled in the manner how it is shown in movies or TV series. If someone is getting arrested, no drama can do better, rather knowledge of laws and rights regarding the arrested person in India shall help.
What is an arrest?
An arrest is an act of bringing someone into custody when there is a suspicion that they have committed a crime or other offense. It is carried out when someone is detained for acting improperly. Following an arrest, more steps are taken, including questioning and inquiry. The criminal justice system includes it. A person is physically detained by the responsible authority during an arrest.
There is no specific definition of arrest under CrPC or IPC, but Sec. 46 of CrPC defines the procedure of arrest. However, here we shall discuss the rights of the arrested person.
What are the rights of a person if he is getting arrested?
Knowledge is the power, and take note of the following seven rights:
Right to be informed: Unlike the movies and TV series, police can not come to your doorstep and pull you out of the house without informing you or your family members of the reasons for being arrested. This is against the law, and Section 50(1) of the CrPC says that every police officer or other person detained without a warrant has a responsibility to immediately tell the accused of all the details of the offense (immediately).
Under Article 22(1), no one who has been arrested may be held in custody without being notified of the reason(s) for the arrest or without being allowed to contact and be represented by a lawyer of their choosing.
Right to Bail: Under Src. 50(2), when a police officer makes an unwarranted arrest of anyone other than someone charged with a crime for which there is no possibility of bail, it is his responsibility to let the individual know that he is eligible for release on bail and that sureties may be arranged on his behalf.
Right To Be Produced Before Magistrate: Under Article 22(2) of the Constitution of India, within 24 hours of the arrest, excluding travel time from the point of arrest to the location of the magistrate, every individual who is detained must be brought before the closest magistrate. Without the magistrate's approval, no one may be held in police custody for a longer amount of time.
Justice is a basic right: As per Article 22(4), a person may only be held for longer than three months if the Advisory Board recommends it. The basis for the detention should be explained to the individual being held as quickly as feasible, and he should be given the earliest opportunity to object to the order.
Right to get a lawyer: The accused has the right to seek advice from and be represented by counsel of their choosing under Article 22(1) and Section 41D CrPC. During questioning, he has the right to speak with the advocate of his choosing, but not throughout the questioning.
RIght to Free Legal Aid: Free legal aid is the provision of free legal assistance to those who are not in a position to defend themselves in court or before a tribunal or other judicial body due to their financial situation. According to Article 39A (Directive Principles of State Policy), the state has a responsibility to offer justice on terms that are simple to understand so that every citizen can readily go to court to assert their legal rights. Through free legal aid or legislation that benefits persons who cannot access justice due to economic circumstances or any other problem, it ensures that justice is provided based on equal opportunity. Institutions like Legal Service Authorities are set up at the national, state, and district levels to help with this.
Right to Medically Examined: According to Section 54(1) of the Criminal Procedure Code, the accused has the right to proceed with a medical examination of his entire body if the results of the examination can be used to prove that someone else committed the crime, rather than the accused himself, at the time of his appearance before the magistrate or at any other point while he is being detained. The magistrate can approve it, but he also has the authority to revoke it if he believes it is being done merely to postpone things.
Right To Get Adequately Compensated For Wrongful Arrest: According to Section 54(1) of the Criminal Procedure Code, the accused has the right to proceed with a full-body medical examination if it can produce evidence that would refute any claims that he committed an offense or a crime, or would demonstrate that someone else was responsible for it, at the time of his appearance before the magistrate or at any other point while he is being held. The magistrate has the authority to grant it, but he also has the authority to revoke it if he believes that it is being done only to prolong things.
Each and every citizen of the nation has rights. Even if they are suspected of committing a crime, a person still has several rights, some of which are essential. In the event that these laws are not followed, the accused may seek redress in court. On the other hand, the Code of Criminal Procedure's Chapter V's procedure must be followed by the police authority (CrPC).
What are the evidence required, according to the ?
What is an arrest?
An arrest is an act of bringing someone into custody when there is a suspicion that they have committed a crime or other offense. It is carried out when someone is detained for acting improperly. Following an arrest, more steps are taken, including questioning and inquiry. The criminal justice system includes it. A person is physically detained by the responsible authority during an arrest.
There is no specific definition of arrest under CrPC or IPC, but Sec. 46 of CrPC defines the procedure of arrest. However, here we shall discuss the rights of the arrested person.
What are the rights of a person if he is getting arrested?
Knowledge is the power, and take note of the following seven rights:
Right to be informed: Unlike the movies and TV series, police can not come to your doorstep and pull you out of the house without informing you or your family members of the reasons for being arrested. This is against the law, and Section 50(1) of the CrPC says that every police officer or other person detained without a warrant has a responsibility to immediately tell the accused of all the details of the offense (immediately).
Under Article 22(1), no one who has been arrested may be held in custody without being notified of the reason(s) for the arrest or without being allowed to contact and be represented by a lawyer of their choosing.
Right to Bail: Under Src. 50(2), when a police officer makes an unwarranted arrest of anyone other than someone charged with a crime for which there is no possibility of bail, it is his responsibility to let the individual know that he is eligible for release on bail and that sureties may be arranged on his behalf.
Right To Be Produced Before Magistrate: Under Article 22(2) of the Constitution of India, within 24 hours of the arrest, excluding travel time from the point of arrest to the location of the magistrate, every individual who is detained must be brought before the closest magistrate. Without the magistrate's approval, no one may be held in police custody for a longer amount of time.
Justice is a basic right: As per Article 22(4), a person may only be held for longer than three months if the Advisory Board recommends it. The basis for the detention should be explained to the individual being held as quickly as feasible, and he should be given the earliest opportunity to object to the order.
Right to get a lawyer: The accused has the right to seek advice from and be represented by counsel of their choosing under Article 22(1) and Section 41D CrPC. During questioning, he has the right to speak with the advocate of his choosing, but not throughout the questioning.
RIght to Free Legal Aid: Free legal aid is the provision of free legal assistance to those who are not in a position to defend themselves in court or before a tribunal or other judicial body due to their financial situation. According to Article 39A (Directive Principles of State Policy), the state has a responsibility to offer justice on terms that are simple to understand so that every citizen can readily go to court to assert their legal rights. Through free legal aid or legislation that benefits persons who cannot access justice due to economic circumstances or any other problem, it ensures that justice is provided based on equal opportunity. Institutions like Legal Service Authorities are set up at the national, state, and district levels to help with this.
Right to Medically Examined: According to Section 54(1) of the Criminal Procedure Code, the accused has the right to proceed with a medical examination of his entire body if the results of the examination can be used to prove that someone else committed the crime, rather than the accused himself, at the time of his appearance before the magistrate or at any other point while he is being detained. The magistrate can approve it, but he also has the authority to revoke it if he believes it is being done merely to postpone things.
Right To Get Adequately Compensated For Wrongful Arrest: According to Section 54(1) of the Criminal Procedure Code, the accused has the right to proceed with a full-body medical examination if it can produce evidence that would refute any claims that he committed an offense or a crime, or would demonstrate that someone else was responsible for it, at the time of his appearance before the magistrate or at any other point while he is being held. The magistrate has the authority to grant it, but he also has the authority to revoke it if he believes that it is being done only to prolong things.
Each and every citizen of the nation has rights. Even if they are suspected of committing a crime, a person still has several rights, some of which are essential. In the event that these laws are not followed, the accused may seek redress in court. On the other hand, the Code of Criminal Procedure's Chapter V's procedure must be followed by the police authority (CrPC).
What are the evidence required, according to the ?