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11 Legal Rights of Arrested Person Under Crpc
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11 Legal Rights of Arrested Person Under Crpc
MOST IMPORTANT 11 LEGAL RIGHTS OF ARRESTED PERSON:
1 - Every arrested person has a legal right to know the reasons as well as the grounds of his arrest. This is provided by Article 22 (1) of the Indian Constitution as well as Section 50 of CRPC and upheld by the court several times.
2. It is mandatory for the police to give the intimation of the arrest of the person to any relative or friend. This is a right created under Section 50A of Cr PC. In most of the cases, police intimates the friend or the relative of the arrested person either through phone or writes a letter if no phone is available. This is being followed in its letter and spirit by the police and any violation of the same would attract contempt of court proceedings against the police officer or the IO of the case.
3. The person arrested has the legal right of medical examination by a medical practitioner. This right is described under Section 54 CRPC.
4. The arrested person has the right to be produced before a judicial magistrate within 24 hours of his arrest. This is the right guaranteed under Art 22(2) of the Indian Constitution and Section 55, 76 of CRPC.
5. The arrested person has the right to be released on bail if arrested under a bailable section of the offense as per Section 50(2) of CRPC. He has the inbuilt legal right of filing bail if arrested in non-bailable section.
6. The arrested person has the legal right to claim a fair and just trial as contemplated under Article 14 of the Constitution of India.
7- The arrested person has the legal right to meet a Lawyer. Article- 22 (1) of the Constitution of India ensures the same and the same is also enshrined under Section- 41D of CrPC.
8. Every arrested person has the right of free legal aid in terms of the provisions of Article- 39A at the first instance of the production of the accused before the Magistrate in the court. Further, Section- 304 of CrPC provides a very significant right to every accused who is set to appear before a Sessions Court to appoint him a lawyer (totally free of cost) at the expense of the State.
9- The arrested person has the right not to give any evidence against himself. This is clearly protected under Article 22 (2) of the Constitution of India which prohibits that no self-incriminatory evidence can be given by anyone against himself.
10. The arrested person has the legal right to disclose evidence during trial to show his innocence.
11. He also has a legal right to be heard before conviction by the court.
LEGAL RIGTHS OF AN ARRESTED PERSON SUMMARIZED AS UNDER:
The right to remain silent: An arrested person has the right to refuse to answer any questions posed by law enforcement officers, prosecutors or judges.
The right to an attorney: An arrested person has the right to an attorney to represent them during any criminal proceedings.
The right to be informed of the charges: An arrested person has the right to be informed of the charges against them.
The right to a speedy trial: An arrested person has the right to a trial within a reasonable amount of time.
The right to bail: An arrested person may have the right to be released on bail, depending on the circumstances.
The right to be treated humanely: An arrested person has the right to be treated humanely and not subjected to any form of cruel, inhuman or degrading treatment.
The right to medical care: An arrested person has the right to receive medical care if they require it.
The right to be free from arbitrary detention: An arrested person has the right to be free from arbitrary detention and to be released if they are being detained unlawfully.
It is important to note that these rights may vary depending on the jurisdiction and the circumstances of the arrest, and that it is always advisable to consult with a lawyer if you have been arrested or are facing criminal charges.
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MOST IMPORTANT 11 LEGAL RIGHTS OF ARRESTED PERSON:
1 - Every arrested person has a legal right to know the reasons as well as the grounds of his arrest. This is provided by Article 22 (1) of the Indian Constitution as well as Section 50 of CRPC and upheld by the court several times.
2. It is mandatory for the police to give the intimation of the arrest of the person to any relative or friend. This is a right created under Section 50A of Cr PC. In most of the cases, police intimates the friend or the relative of the arrested person either through phone or writes a letter if no phone is available. This is being followed in its letter and spirit by the police and any violation of the same would attract contempt of court proceedings against the police officer or the IO of the case.
3. The person arrested has the legal right of medical examination by a medical practitioner. This right is described under Section 54 CRPC.
4. The arrested person has the right to be produced before a judicial magistrate within 24 hours of his arrest. This is the right guaranteed under Art 22(2) of the Indian Constitution and Section 55, 76 of CRPC.
5. The arrested person has the right to be released on bail if arrested under a bailable section of the offense as per Section 50(2) of CRPC. He has the inbuilt legal right of filing bail if arrested in non-bailable section.
6. The arrested person has the legal right to claim a fair and just trial as contemplated under Article 14 of the Constitution of India.
7- The arrested person has the legal right to meet a Lawyer. Article- 22 (1) of the Constitution of India ensures the same and the same is also enshrined under Section- 41D of CrPC.
8. Every arrested person has the right of free legal aid in terms of the provisions of Article- 39A at the first instance of the production of the accused before the Magistrate in the court. Further, Section- 304 of CrPC provides a very significant right to every accused who is set to appear before a Sessions Court to appoint him a lawyer (totally free of cost) at the expense of the State.
9- The arrested person has the right not to give any evidence against himself. This is clearly protected under Article 22 (2) of the Constitution of India which prohibits that no self-incriminatory evidence can be given by anyone against himself.
10. The arrested person has the legal right to disclose evidence during trial to show his innocence.
11. He also has a legal right to be heard before conviction by the court.
LEGAL RIGTHS OF AN ARRESTED PERSON SUMMARIZED AS UNDER:
The right to remain silent: An arrested person has the right to refuse to answer any questions posed by law enforcement officers, prosecutors or judges.
The right to an attorney: An arrested person has the right to an attorney to represent them during any criminal proceedings.
The right to be informed of the charges: An arrested person has the right to be informed of the charges against them.
The right to a speedy trial: An arrested person has the right to a trial within a reasonable amount of time.
The right to bail: An arrested person may have the right to be released on bail, depending on the circumstances.
The right to be treated humanely: An arrested person has the right to be treated humanely and not subjected to any form of cruel, inhuman or degrading treatment.
The right to medical care: An arrested person has the right to receive medical care if they require it.
The right to be free from arbitrary detention: An arrested person has the right to be free from arbitrary detention and to be released if they are being detained unlawfully.
It is important to note that these rights may vary depending on the jurisdiction and the circumstances of the arrest, and that it is always advisable to consult with a lawyer if you have been arrested or are facing criminal charges.
Connect with Legal Help Line India On Social Media
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