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RIGHTS OF ARRESTED PERSON

BY – SIDDHARTH SHARMA

In our nation there are various laws for the arrested person but there are various rights also for arrested person and our Indian Constitution also known as SAMVIDHAN says that every arrested person has the right to select or appoint an advocate on his/her behalf for his/her protection in judicature for whatever offence he/she may not or may have committed this is mentioned under Article 22(1) of the Indian Constitution.

‘’INNOCENT UNTIL PROVEN GUILTY’’

This Statement says that in our country the burden of evidence to prove any claim lies upon pursuit. Unless and until a criminal is proved liable, he or she cannot be considered as an offender.

Here are some points for safeguarding the rights of arrested person or in other words some points are mentioned below which explains rights of arrested person-

1) Right to be produced prior to the Magistrate without unessential delay.

Every lawbreaker or offender has been vested with a right to be produced prior to the Adjudicator having authority or control or a policeman in charge of the headquarter of police (Section 55 of CrPC) within 24 hours without any unessential delay in line with the circumstances of the arrest. By the policeman or a cop accomplishing a warrant of detention (Section 76 of CrPC). Article 22(2) of our Indian Constitution also gives a similar right to the arrested person and insufficient of which will hold policeman answerable for unjustified detention.

2) Right to know about the incrimination and crimes under which the accused has been imposed for.

An accused person, when detained by the policeman must be well informed about the reason or grounds of arrest Section 50 and 75 of CrPC preside over this right. The accused must know about all the charges or offences that have been claimed against him, it is a loyalty or responsibility of an appointed officer to proclaim complete particulars of the acts or crimes for which the accused is being detained. The officer conducting the detention is also obligated to tell about the detention to a nominated person.

3) Right against Dual Jeopardy.

Any individual who is being alleged to be guilty of an offence has the right not to be attempt and penalize for the same offence more than one time. If a man is accused of robbery and imposed with confinement or detention and penalty by the law court cannot be attempt and punished for the same offence again or in future.

4) Right to remain silent.

This is an unknown right but the power of this right is derived from Indian Evidence Act and CRPC. Whenever an accused person gives confession or makes a statement in bar or court, the bar or court has the responsibility to confirm that the confession or statement made was voluntary or not. No one can force or compel arrested person to say or speak anything in bar or court.

5) Right to be inspected by the doctor or specialist

The challenged person should be well informed about his right to be inspected medically under Section 54 of Code of criminal procedure in case he has any complaints of bodily abise or mistreat.

6) Right to bail

In India if a person is the accused of a non bailable offence then he/she has the right to be afford bail and released from detention.

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