Anyone who is considered a criminal should be treated as a human being. Defendants are also given certain rights, the most basic of which are found in the Indian Constitution. The basic premise behind these rights is that the government has ample resources to prosecute individuals and therefore individuals are entitled to some protection from abuse of these powers by the government. An accused has certain rights during an investigation; the person against whom the allegations are made should be investigated or tried, and he should be protected against arbitrary or unlawful arrest. The following are some of the important rights of an arrested person:
Right to be informed at the ground of arrest-
Article 22 (1) of the Constitution of India give the detainee the right to information about the reasons for his arrest and the right to consult with any lawyer of his choice to select him. Section 50 of Section 197 of the Criminal Procedure Code gives the arrested person the same rights and also the right to bail.[1]
Section 49 of the Criminal Procedure Code, 1973 also protects against custodial excesses. It states that an arrested person will not be subjected to more restraint than necessary to prevent his escape.
Section 50A of the Criminal Procedure Code, 1973, provides the police with the necessary information regarding the arrest of a person, including the place of the arrest of such person nominated by his friend, relative, or arrestee.
Section 55A of the Criminal Procedure Code, 1973, makes it mandatory for a responsible person to detain the accused under his custody for the sake of health and safety.
Article 75 of the 1973 Code of Criminal Procedure provides for the disclosure of the contents of the warrant to the arrested person and, if necessary, the showing of the warrant.
Article 22 (2) of the Constitution of India provides for a speedy trial of arrested persons. Any arrested person has to appear before the nearest magistrate within such twenty-four hours and any further detention requires the approval of the magistrate. This right to release him on bail, to disclose his allegations, if any, he is kept in custody, and arises from a separate investigation into the validity of his detention. This right is detailed in Articles 56 and 57 of the Code of Criminal Procedure Only if he is brought before him for the first time.
Provisions punishable for injury, torture, or death to the body of a person in custody are provided in the basic law of the country IPC. It is pertinent to mention here that the provisions relating to rape under section 376 have been amended by inserting section 376 (2) of the Criminal Law (Amendment) Act, 1983. Other cases of rape of a woman in custody by a member of the household or a hospital employee have been reduced to a minimum of 10 years as opposed to years.
Conclusion-
In addition to illegal arrests in India, custodial deaths face a huge problem which is mainly due to illegal arrests. These problems undermine the essence of Article 21 of the Indian Constitution as well as the fundamental human rights available to everyone under the Universal Declaration of Human Rights.
By Moumita Muhuri, 3rd year of Shyambazar Law College.
[1] Rights of an arrested person in India –https://www.helplinelaw.com/employment-criminal-and-labour/RAPI/rights-of-an-arrested-person-in-india.html#:~:text=Section%2D%2050%20(2)%20of,than%20a%20non%2Dcognizable%20offence..
For more Blogs – CLICK HERE.
Lawyers Gyan is now on Telegram (t.me/LAWYERSGYAN). Follow us for regular legal updates. Follow us on Instagram, LinkedIn, Facebook & Twitter or join our WhatsApp group.
Disclaimer:
Lawyers Gyan has no control over above-listed items as it is directly from the customer or taken from other sources. Despite our best efforts, some of the content may contain errors. You can trust us, but please conduct your own checks too. In case of any discrepancy please write to lawyersgyaan@gmail.com.