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Analysis on: Right Of Arrested Person

By Neha27 | Views 9834

There are various rights when a person gets arrested

Grounds for arrest
The arrested person has the right to know the grounds on which he has been arrested. There are provisions under the Constitution of India and the Code of Criminal Procedure.
- Article 22(1) - The accused must be informed of the reason for the arrest when arrested by a police officer.
- Section 50(A) of Crpc - the arresting of a person must be informed to any of the family members or the friends.
- Section 55 of Crpc - the junior official is given permission by the senior official to arrest a person and also mentions the reasons for the same and the arrested person must know about the delegation of authority.
- Section 75 of Crpc - the police officer should furnish a warrant for arresting a person.
Arrested Person To Be Presented Before A Magistrate
- Arrested person to be presented before a magistrate
- The arrested person should be presented before the magistrate There are provisions under the Constitution of India and the Code of Criminal Procedure.
- Article 22(2) of the Constitution of India - the arrested person must be presented before the magistrate within 24 hours of the arrest by the police official.
- Section 55 of Crpc - when the arrest is done without a warrant then in that case the police officer who is in charge should present the arrested person before the magistrate without any delay.
- Section 76 of Crpc - the time duration of travelling from the place of arrest to the magistrate court is excluded in addition to he must be presented within 24 hours.
Release on bail
In case of a non-cognizable offence, the arrested person has the right to be released on bail by submitting the surety when arrested without a warrant.
Fair and just trial
Both sides in a legal dispute must have a fair trial so to make sure equality before the law.
Consultation with a Lawyer
The arrested person carries a right for choosing his lawyer for his defence.
Health care and safety
The police officer has the sole authority for the safety of the arrested person.