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
- 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
- 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
- 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