Rights Of Arrested Person - LEGAL UTILITY

 

RIGHTS OF THE ARRESTED PERSONS

  • Section- 41D of the Criminal Procedure Code:- Allows prisoners to be able to consult with their lawyers even during their interrogation.
  • Section 50 (1) of the Criminal Procedure Code:- Right to know the grounds of arrest.
  • Section 50 (2) of the Criminal Procedure Code:- Information regarding the right to be released on bail.
  • Section 50 A of the Criminal Procedure Code:- makes it compulsory for the person/ police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same
  • Section 56 of the Criminal Procedure Code:- Person arrested to be taken before a Magistrate or officer in charge of the police station
  • Section 54 of the Criminal Procedure Code:- Right to be examined by a medical practitioner.

Sheela Barse vs. State of Maharashtra,1983(SC)

The arrested accused person must be informed by the Magistrate about his right to be medically examined.

  • Section 75 of the Criminal Procedure Code:- States that the police official executing the warrant must notify the substance of the arrested person and furnish the warrant of the arrest when required
  • Section 76 of the Criminal Procedure Code:- Person arrested to be brought before the court without delay.
  • Section 303 of the Criminal Procedure Code:- Right of the person against whom proceedings are instituted to be defended.
  • Article 22(1) of the Constitution of India:- Provides that every arrested person has the right to choose and elect his lawyer.
  • Article- 22(2) of the Indian Constitution:- Stipulates that the police officer making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest failing to do so would make him liable for wrongful detention.
  • Article 57 of the Constitution Of India:- Right of not being detained for more than 24 hours without judicial scrutiny.
  • Article 39 A of the Indian Constitution:- Right of an arrested person to free legal aid and to be informed about it

Khatri vs. State of Bihar

It was held in this case, where the Supreme Court has therefore cast a duty on all Magistrates and Courts to inform the indigent accused about his right to get free legal aid.

 

What Are the Rights of the Accused Person in India?

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