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What are the Rights of an Arrested Person ?

Home » Criminal Law Guide » What are the Rights of an Arrested Person ?

This article will guide you on the Rights of an arrested person, most of which have been found in the Constitution of India and the Code of Criminal Procedure.

1) Right to know the grounds of Arrest


every police officer or any other person who is authorized to arrest a person without a warrant should inform the arrested person about the offense for which he is arrested and other grounds for such an arrest.

2) Right to be produced before the Magistrate without unnecessary delay


Every Police officer executing a warrant of arrest should produce the arrested person before the court within 24 hours of arrest.

3) Rights to be released on Bail


Every police officer arrests any person without a warrant for an offense other than non-cognizable offense; he shall inform him that he has a right to release on bail and to make an arrangement for the sureties on his behalf.

4) Right to be Examined by the medical practitioner


The accused person should be informed about his right to be examined medically under Section 54 of CrPC in case he has any complaints of physical torture.

5) Right to Legal Aid


Article 22(1) of the constitution states that the arrested person has a right to appoint a lawyer and be defended by the pleader of his choice.

6) 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.

7) Right to Produce Evidence


An accused person has the right to produce witnesses in his defense in case of a police report.

8) Right to inform a relative or a friend


An arrested person has the Right to have his relative or friend informed about the fact, time, and place of the arrest.

Read More:

Women‘s Rights During Arrest in India

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