The rights of arrested persons in India are enshrined in the Constitution of India, various provisions of the Criminal Procedure Code (CrPC), 1973, and key judicial decisions. These rights aim to prevent arbitrary detention and ensure a fair legal process.
Meaning and Importance of Arrest Rights
- The right of an arrested person refers to the legal and constitutional protections guaranteed to individuals who are taken into custody by law enforcement.
- These rights aim to safeguard personal liberty, ensure humane treatment, and prevent abuse of power by authorities.
- Ensuring such rights upholds the Rule of Law, natural justice, and Article 21 of the Indian Constitution.
Constitutional Rights of Arrested Persons
Article 21 – Right to Life and Personal Liberty
- No person shall be deprived of life or personal liberty except according to procedure established by law.
- Arrest must follow due process and respect dignity.
Article 22(1) – Protection Against Arbitrary Arrest
- The arrested person must be:
- Informed of the grounds of arrest.
- Allowed to consult and be defended by a legal practitioner of their choice.
Article 22(2) – Right to be Produced Before a Magistrate
- A person must be produced before a magistrate within 24 hours of arrest.
- Detention beyond 24 hours without a magistrate’s approval is illegal.
Statutory Rights Under CrPC, 1973
Section 50 – Right to Know the Grounds of Arrest
- Police must inform the arrested person of the reason for arrest and any bailable offence.
Section 50A – Right to Inform a Relative or Friend
- Arrested person can have someone informed about their arrest and location of detention.
Section 41D – Right to Legal Aid
- The arrested person has the right to meet an advocate during interrogation, though not throughout the interrogation process.
Section 57 – Timely Production Before Magistrate
- The arrested individual must be presented before a magistrate within 24 hours, excluding travel time.
Section 167 – Detention Beyond 24 Hours
- If the investigation isn’t complete, police may seek magistrate’s permission to keep the accused in custody.
Judicially Recognized Rights
D.K. Basu v. State of West Bengal (1997)
The Supreme Court laid down guidelines for arrest and custody procedures, including:
- Preparation of arrest memo at the time of arrest.
- Right to medical examination every 48 hours.
- Family/friend notification about the arrest.
- Right to have legal counsel present during interrogation.
Joginder Kumar v. State of U.P. (1994)
- Emphasized that arrest is not mandatory in all cases.
- Police must justify the necessity of arrest.
Important Rights of Arrested Persons – Summary
- Right to remain silent (as part of fair trial).
- Right to be informed of grounds of arrest.
- Right to legal counsel.
- Right to be produced before a magistrate within 24 hours.
- Right to be treated with dignity and without torture.
- Right to medical examination if requested.
- Right to bail in case of bailable offences.
- Right to receive a copy of the arrest memo.
Consequences of Violation of Rights
- Arrest may be declared illegal by the court.
- Compensation may be awarded for unlawful detention.
- Police officers may face disciplinary action or prosecution.
- Individuals may file a writ petition (Habeas Corpus) before the High Court or Supreme Court.