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What are the rights of a person who is arrested?

What are the rights of a person who is arrested?

(1) Right to be informed of the grounds for arrest.

In every case of arrest with or without a warrant, the person arresting shall communicate to the arrested person, without delay, the grounds for his arrest (Section 50,55,75). This is a precious right of the arrested person and has been recognized by the Constitution has one of the fundamental rights (Article 22(1) of the Constitution of India).

(2) Right to be informed of the right to bail : Every police officer arresting without a warrant any person accused of a bailable offence is required to inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. (Section 50(2).

(3) Right to be produced before a magistrate without delay In case of every arrest, whether the arrest has been made with or without a warrant, the person arresting is required, without unnecessary delay and subject to the provisions regarding bail, to produce the arrested person before the magistrate or court having jurisdiction in the case (Section 56, 76).

(4) Right of not being detained for more than 24 hours without judicial scrutiny : In case of every arrest, the person making the arrest is required to produce the arrested person without unnecessary delay before the magistrate and it has been categorically provided that such a delay in no case shall exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the magistrate’s court ( Section 57, 76). This right has been incorporated in the Constitution as one of the fundamental rights (Article 22(2)). It was held by the Supreme Court in Khatri (II) vs State of Bihar (1981) 1 SCC 627 that this healthy provision contained in Section 57 enables the magistrates to keep check over the police investigation and it is necessary that the magistrates should try to enforce this requirement and where it is found disobeyed, come down heavily upon the police.

(5) Right to consult a legal practitioner Both the Constitution and the provisions of the Criminal Procedure Code recognize the right of every arrested person to consult a legal practitioner of his choice. The right begins from the moment of arrest. The consultation with the lawyer may be in the presence of the police officer but not within his hearing (Section 303 and Art.22(1) )


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