Every human being has to be treated as a being despite the fact he has committed
a criminal offence. The person who is arrested for the criminal wrong or an
offence which has been mentioned in any code i.e. Indian Penal Code, 1860
Code Of Criminal Procedure, 1973
has rights which have been granted by the
supreme law of land i.e. the Indian Constitution.
The basic motive for providing such basic rights to the accused is that
government is entitled with some rights which can be misused in order to give
justice so for the proper functioning of the basic objective for providing
justice is followed i.e. Equity, Justice And Good Conscience
such basic rights
have been given to the accused for protection of the powers which can be misused
by the government officials.
Also, according to the basic principle that all human beings are born with
having right to life with dignity and right to personal liberty these rights are
mentioned under the Indian constitution and under Universal Declaration of Human
Rights. Accused is having certain rights which are used during the period of
investigation, trial, and inquiry and also for the illegal arrest and arbitrary
The rights which have been given to the accused can be concluded by the code of
criminal procedure, supreme law of land and various landmark judgements. Under
the code of criminal procedure it has been mentioned in detailed the provision
for the arrest of the person and the police have been given various powers for
completing the making of arrest which have been mentioned detailed under
of the code of criminal procedure but the powers are subject to
certain restraints. These restraints have been primarily set up for the
protection of the accused and also the society at large.
The Indian system is based on the concept of Innocent Till Proven Guilty
instead of imposing certain duties on the police officers making arrest of the
person who is accused, the code confers specific rights by making express
provision of a person who is arrested.
Rights Of Arrested Person:
Right To Know The Ground Of Arrest
Every accused person has a right to know the ground for which he has been
Section-50, of CrPc
states that the person who is arrested should be informed
of ground of arrest and of right to bail. wherein a person is arrested without
any warrant he should be immediately informed of the particulars of the type of
offence which he has committed which has been mentioned in the code and also
states him whether the offence which he has committed is a Bailable offence or a
If the offence is a Bailable offence then the accused has a right to be released
on bail. It is the duty of the police officer to inform him and he can't refuse
to do such thing.
Making known to the arrest grounds to the accused is a constitutional
requirement and failure to comply with the requirement leads to arrest illegal.
Section-50A, OF CrPc
obligates a person making arrest to inform of the arrest
to any of the friends or relatives or any other person of his interest. Also,
the police officer should inform the arrested person that he can inform to any
of his friends or relatives about his arrest, police officer has to perform his
duty he can't deny or refuse it.
Section-55 OF CrPc
states that when the police officer authorised his
subordinate to arrest the accused without a warrant, the subordinate needs to
notify the accused for what reason he has been arrested which is written in that
order specifying the offence what he has committed and other grounds of arrest.
Section-75 OF CrPc
states that if the arrest of accused is under a warrant
then the police officer or other person who is executing the warrant shall
notify the substance of the written order given by the senior officer in written
stating the offence for which the accused has been arrest and if so required,
shall show him the warrant.
If the police officer executing the warrant of arrest does not notify the
substance to the arrested person in accordance with this Section, he will be
acting in the violation of law.
As per Article 20(1)
of the Indian Constitution no police officer should arrest
without informing the ground for the arrest.
Right To Be Taken Before Magistrate Without Delay:
The accused person has a right to appear before the magistrate within 24 hours
from the time of the arrest. Despite the fact that the arrest is with warrant or
without warrant accused has to be taken to the nearest Magistrate within the
period of 24 hours of such arrest and have to keep the accused in police station
and nowhere else.
of The Indian Constitution states that every person who is
arrested or detained in custody produced before the nearest Magistrate within
the period of 24 hours of such arrest excluding the time take place necessary
from the place of arrest to the nearest Magistrate.
Section-57 of CrPc
states that the person who is arrested without warrant not
to be detained in the custody of the police for more than 24 hours. The accused
have to present before the magistrate within that period. The period of arrest
does not include the journey from the place of arrest to the nearest magistrate.
Magistrate can order his detention for a term not exceeding fifteen days on the
Section-76 of CrPc states that the person who is arrested with warrant shall
without necessary delay bring the person arrested before the court where he is
required to be present.
Right To Be Released On Bail:
The accused person has the right to be released on the bail if the offence is a
Bailable offence after paying the surety amount he can be entitled for the bail
and if the offence is Non-Bailable then it's upon the discretion of the court
whether to grant bail or not also it is the right of the right of the accused to
know the grounds of his arrest.
As per Section-50 of CrPc
, where the accused is arrested without warrant, he
should be immediately informed of the particulars of the offence and grounds of
his arrest and whether the offence is Bailable or not, if yes then he has right
to be released on Bail.
Right To Fair Trial:
The accused has a right to have a fair trial while taking the principle of
equity, justice and good conscience into consideration. No provision relating to
the fair trial has been mentioned under the code of criminal procedure but the
interest of the accused to have fair trial has been mentioned under the Supreme
law of land under ARTICLE 14, "which says that all persons are equal in the eyes
of law", this statement itself says that every person should be given equal
opportunity and the accused has a right that during his trial the principle of
Natural Justice should be followed. Also, the accused has a right to have free
and speedy trial; principle of Natural Justice should be followed in both the
In Huissainara Khatoon V. Home Secretary, State Of Bihar
, it was held that the
trail is to be disposed of as speedily as possible.
Right To Consult A Legal Practitioner:
The accused has a right to address himself before the magistrate through his
legal advisor. Right to address before the magistrate by legal practitioner is
fundamental right which has been mentioned under Article-22(1)
, which states as
soon the person is in the custody of the police he has the right to have legal
practitioner to guide him regarding the gravity of the offence which he has
committed and the grounds and the remedy which he can provide the accused. If
the offence is Bailable, then the legal practitioner can help him to release on
Bail by giving the surety amount.
Also, under Section-303 of CrPc
states that is the person is accused of an
offence before criminal court, or against whom proceedings are instituted may of
right to be defended by a pleader of his choice.
Right To Free Legal Aid:
The accused has a right to have the legal aid service which has been provided by
the legal service authority if his income is less than Rs. 1, 50,000/- he has to
prove that by the way of the income affidavit and thus he is entitled to have
free legal aid service and can have a legal practitioner for himself on his
behalf to address the court proceedings.
Section-304 of CrPc
states that wherein between the trial proceedings if the
accused is not presented by a pleader, and where the court believes that he is
not having enough means to appoint a pleader then his defence would be at the
expense of the state and he can be entitled to have free legal aid service and
thus a legal practitioner to appear on the behalf of the accused.
has been inserted by the 42nd Amendment which ensures in that it
is the duty of the state to provide legal aid services to the accused in order
to ensure equal opportunity in securing justice and shall not be denied to any
citizen by reasons of economic and other disabilities. According to article 21
of the Indian Constitution.
In the case of Khatri v/s State Of Bihar
, it was stated that if the accused
person is declared indigent then the state has to provide free legal aid
services to him.
Right To Be Silent:
The accused has a right to remain silent because the magistrate has to know the
gravity of the confession or statement which has been made by the accused is
made by him voluntarily or not and this right has not been mentioned in any
This is the right which has been given to the accused from the common law
principles. This right leads to the provision which has been mentioned
of The Indian Constitution, which says that no person
accused for any offence shall he compelled to be a witness against himself i.e.
the principle of Self-Incrimination
In The Case Of Nandini Sathpathy V. P.L.Dani,
, it was stated that no one can
force any accused to answer any question or give statement and the accused has
the right to remain silent during the process of interrogation.
Right To Be Examined By The Medical Practitioner:
The accused has a right to be examined by the medical specialist. According
to Section-54 Of CrPc
, which says that examination of the arrested person by
the medical practitioner on the request of the accused if he alleges that at the
time when he was produced before the magistrate or during the time of his
detention contains proof which will disprove that the offence has been committed
by him and will suspects other person who has actually committed the offence
then the magistrate after agreeing to his statement can assign a medical
practitioner to collect the evidence for reaching the ends of justice.
In the case of Yoginder Singh V. State Of Punjab
, it was stated that
constitutional provisions i.e. Article 21 and 22(1)
are necessary because:
In The Case Of D.K Basu V. State Of West Bengal And Ors,
- The accused has the right to inform his friends, relatives or any other
person who is in relation to whom or whom the information should reach so if
the offence is Bailable offence he could bring the surety amount and he can be
released on Bail.
- The police officer are under the obligation directed by the state to
inform about the grounds and regarding the offence the accused has been
- The entry should be made in a diary to which the information of arrest
has been made by the accused.
, this case was the
landmark judgement which talks about the rights of the arrested person and also
obligates the police officer to do certain activities which has been imposed on
him. Also it has been stated that it is the duty of the police officer to inform
the accused about the grounds and offence which he has committed and if the
police officer fails in performing his duty he will be punished for the
violation of law.
- Gurmeet Singh, Advocate, For M/S Gurmeet Singh & Associates,
Advocates and Legal Consultants,
Website: www.gurmeetsinghandassociates.com /.in, Email:
[email protected], Ph No:+91 8750002000
- Ms.Priya Chawla,
- Adv. Vidushi Jain,
- Adv. Hritwik,
- Adv. Aman
- Sh.Aman Karamvir,
- Adv. Tripty Rajput,
- Ms. Divya Kaushal,
- Adv. Alpana