RIGHTS OF ARRESTED PERSON ...

1. Right to Silence
The foremost one is the right to silence which states that it’s the choice of accused to stay quiet or not to say anything in his own favor or against until or unless his lawyer is consulted, or he is being presented in front of the magistrate. In India, one of the rights of an arrested person under the constitution is mentioned in clause (3) of Article 20(1) states that “No person accused of any offense shall be compelled to be a witness against himself.” Apparently, this theory is the follow-up of maxim believing “NO MAN IS BOUND TO ACCUSE HIMSELF.”

2. The right of not being detained for more than 24 hours without judicial scrutiny
Another right is the right to not being detained for more than 24 hours without judicial scrutiny is clearly stated under section 57 of the Code of Criminal Procedure, 1973 in the Indian constitution.

The section further elaborates that the police authorities cannot detain an arrested person, without any warrant, in custody for more than 24 hours under all the circumstances of the case is reasonable, without the official order from the magistrate. Section 167 provides information about the time period which should not exceed 24 hours excluding the time of the journey from the place of arrest to the courtroom. Violation of right will be considered the fault of police authorities and they will be held guilty for wrongful detention.

3. Right to know the grounds of arrest
Right to be informed is a fundamental right; similarly, the right to get informed about the grounds and charges of arrest for which a person is being accused is the derivation from the RTI act.

As per Section 50(1) of Cr.P.C., any person who has been arrested without any warrant then the police officer is liable to state all the propaganda of that arrest taking place to the accused person. Moreover, no police authority has the right to deny this kind of RTI for the arrested person.

4. Right to get bailed

Right to a Fair Trial
Article 14 of the Indian constitution guarantees the right to equality before the law. The Code of Criminal Procedure also states that a fair trial is to be done in an open courtroom. This logically promotes the prevention of hindrances during the conviction is made.

Right to a Speedy Trial by the Constitution of India
Like the earlier ones, this right has nothing to do with any article mentioned in the constitution.
However, the SC in the Hussainara Khatoon case stated the speedy procedure of courtroom trials, along with the investigation required in the trial. This right ensures enough time for investigation over the accused person’s charges so that the justified verdict can take place without any wastage of time.
6. Right to Consult a Legal Practitioner
Anybody who has been arrested legally has the right to consult a legal practitioner of his own choice. This being a fundamental right in Article 22(1) of the Constitution of India, is a right which cannot be denied in any case. Section 50(3) of the Code also lies down that the person against whom proceedings are initiated has a right to be defended by a pleader of his choice since the arrest has taken place. The consultation with a lawyer can take place within or without the presence of police but surely not during a court hearing.
7. The Right to be examined by a doctor
Being healthy is not a right in the Constitution of India but a requirement to encourage the livelihood of humans so that he/she can be rewarded for good deeds and paid off for the sins he has made.
Section 54 of Cr.P.C grants the right to the arrested person to get medically examined to enable him to effectively defend and protect himself. A medical examination of a female should only be done by a lady doctor or only under her supervision. It’s the duty of the person having custody of the accused to take care of the health and safety of him.
8. Right to inform a relative or a friend.

Procedure (Amendment) Act 2005, now statutorily consider this right to be necessary for an accused person.

9. Freedom to communicate magistrate
An arrested person is free inside the jail to communicate the magistrate to talk about the issues he/she is dealing inside the jail whenever he wants to. The arrested person has got the freedom to communicate to the Magistrate in any case of torture done by the police officer when produced before the Magistrate. The Magistrate can remand him to judicial custody if he is satisfied with the accused after a detailed inquiry

10. The right of the Accused to Produce Evidence
Last but not least, an accused even has the right to produce witnesses in his defense in case of the police report. After the Examination and cross-examination of all prosecution witnesses, the whole proceeding is recorded simultaneously. He may even call further for cross-examination. Moreover, section 138 of the Indian evidence act states that the judge records the evidence of the witness to the prosecution is done with his evidence.

[anoopc]

Ee paranjatonnum police custody yil lebikkukayilla. "Yettile pasu pullutinnilla"

[ushakumari]

Good one ma"am. U mentioned these rights are in CrPC and evolved thru case laws. Can u mention which section deals rights of arrested person??

[bismillaah]

പോലീസ് നിയമ വിരുദ്ധമായ അറസ്റ്റ് നടത്തിയത് തെളിയിക്കാൻ ലോ ഓഫ് ടോർട്ട് വഴി മുൻസിഫ് കോടതിയിൽ പറ്റുമോ?അതാകുമ്പോൾ സമയ ലാഭം കിട്ടില്ലേ? കേസ് തെളിയിക്കാൻ മുൻസിഫ് കോടതിയിൽ ഡിഎൻഎ പരിശോധന നടത്തിയ ചരിത്രം ഉണ്ടോ

[akshara]

Examined by a "" registered"""medical practionernu parayunne ntha!!??