Pre arrest and post arrest right of accused crpc section 50(1), article 22(1) of constitution

पूर्व गिरफ्तारी और आरोपियों की गिरफ्तारी का अधिकार
Pre arrest and post arrest right of accused crpc section 50(1), article 22(1) of constitution

Arrest and Remand Stage:-
4.1 Legal assistance at the pre-arrest stage:
In Sheela Barse v State of Maharashtra AIR 1983 SC 378, the Hon’ble
Supreme Court of India held: "..... whenever a person is arrested by the police and taken to the police
lock up, the police will immediately give an intimation of the fact of such
arrest to the nearest Legal Aid Committee and such Legal Aid Committee
will take immediate steps for the purpose of providing legal assistance to
the arrested person at State cost provided he is willing to accept such legal
assistance."
In view of the fact that the pre-arrest stage has settings of custody, there is no reason why the above mandate to the police to notify the Legal Aid
Committee (Now, the DLSA ) should not be applicable at this stage also.
The framework for providing legal assistance at this stage would therefore
be as follows :
4.1.1Notifying the suspect of the right to a lawyer:- In view of the
Satapathy case, supra and section 41 D Cr.P.C, the police is to
notify the suspect of his right to have legal assistance during
interrogation. Moreover, the mandate of Sheela Barse will
remain ineffective unless the suspect is appraised of this right.
The police has ,therefore, to inform the suspect that free legal
assistance can be availed from the Legal Services Authorities.
It is essential to inform the suspect called for interrogation of
the following rights which can be given in the form of leaflet
of rights by the police so that the suspect can make informed
decision of his right to avail legal assistance:-
Your Rights
1. You have the right to know why the police has called you
for interrogation.
2. You have the right to know what the police think you have done.
3. You have the right not to answer the questions which
have the effect of self-incrimination. However, you have
to give accurate details of your name,address and identity.
4. You have the right to have a lawyer present if the police
interview you. You may avail free legal assistance from
the nearest legal services authority.
5. You have the right to medical help if you are ill or injured.
All suspects shall be given a copy of a leaflet of rights upon arrival at
the police station andshall be allowed to keep it with them for the
duration of their stay. The person to be interrogated must be given
adequate opportunity to read and understand the information. Legal
Services Authorities shall provide enough leaflets to police stations.

Rights of an Arrested Person


1. The right to a lawyer on being arrested (Article 22 (1) &
Section 41(D) CrPC.
2. The right to have the arrest memo prepared as per Section
41B and scrutinized by the Magistrate 3. The right to be informed of the grounds of arrest and of the
right to bail (Section 50)
4. The right of information to any friend, relative or any other
person nominated by the arrested person about the arrest
and the place of detention (Section 50 A)
5. The right to medical examination by a medical
officer/registered medical practitioner soon after arrest; by
a female medical practitioner in the case of a female
accused ( Section 54)
6. The right against self incrimination (Article 20 (3) )
7. The right to be produced before a competent Magistrate
within 24 hours, excluding the time taken for the journey
to the Magistrate (Section 56 read with Section 57)

Legal Assistance at Remand Stage:-
The Hon’ble Supreme Court of India in Mohd. Ajmal, Amir Kasab v.
State of Maharashtra 8 held as follows:
“ The right to access to legal aid, to consult and to be defended by a
legal practitioner, arises when a person arrested in connection with a
cognizable offence is first produced before a magistrate.”
The Hon’ble Supreme Court further held
“We, accordingly, hold that it is the duty and obligation of the
magistrate before whom a person accused of committing a
cognizable offence is first produced to make him fully aware that
it is his right to consult and be defended by a legal practitioner and,
in case he has no means to engage a lawyer of his choice, that one
would be provided to him from legal aid at the expense of the state.
The right flows from Articles 21 and 22 (1) of the Constitution and
needs to be strictly enforced.”
Thus, arrested person has a right to be represented