Arrest of person | Chapter V |Chapter 5 | Section 41 to 60A of CrPC | Part 2 Crash Course CrPC |

We all are born with numerous rights, such as the Right to speak, the Right to religion, etc. Human rights are enacted under the Constitution of India and the Universal Declaration of Human Rights. A person cannot repulse their rights just because they have been arrested. The various rights of a Detained or arrested person can be inferred from the CoCP, the constitution of India, and various landmark judgments.

What is an arrest?
In a general sense, a person who voids the law is arrested. So, what does an arrest mean? Generally, 'arrest' means police officers take a suspect into jail. Once the arrest is complete, the suspect is no longer free to walk away from the arresting police officer, this often comes before the suspect arrives at jail. They are put under restraint.

The CrPC of 1973 deals with the aspects of arrests but has not defined 'Arrest'. When a person is detained or arrested, then the arrested person is taken into custody by an authority authorized by the law to detain the person. The person is then questioned to answer the charges against them, and they are confined so that no further crime is committed.

Sometimes, there is opposition by the legal authority, but at times, the person all by oneself submits to the charge of the person making the arrest.

Need for rights
The Indian legal system depends on the concept of “innocent till proven guilty.” The arrest of a person can violate Article 21 of the Constitution, which states, “no person shall need his right to life and personal liberty except a procedure established by law.” The procedure must be fair, transparent, and not casually or repressive.

Rights of an Arrested/ Accused Person
Right to know the grounds (reason) of Arrest

Right to be presented before the Magistrate without unessential delay

Rights to be released on Bail

Rights to a fair trial

Right to consult a lawyer

Right to free Legal Aid

Right to keep silence

Right needs to be examined by the medical practitioner

Other Rights
Section 55A of CrPC says that the responsibility of the officer under whose custody the arrested person lies is to take reasonable care of the safety and health of the detained.
The arrested person is to be secured from brutal treatment.
Section 358 of CrPC states the right to compensation to the arrested person detained is unjustified.
Section 41A of CrPC claims that the police officer may give notice to a person suspected of committing a knowable offense to appear before them at a particular place and time.
Section 46 of CrPC says the arrest mode: touching the body physically, submission to custody, or a body. The police officer should not shoot the person to death while arresting unless the arrestee is involved in a punishable offense related to death or life imprisonment.
Section 49 of CrPC prescribes that the police officer should not make more restrained than necessary for the escape. Detention or restraint without an arrest is illegal.