Rights of arrested person in India | Arrest without warrant | Rights
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What rights do have if you are arrested?

rights of an arrested person

The constitution regards everyone as equals. Even arrested people should have certain rights that help them avoid exploitation. Police officers should treat them humanely. In this blog, we mention the legal rights of arrested person in India. 

  • Arrest Without A Warrant

To make an arrest the police need a warrant. A warrant is a written affidavit that allows the police to arrest the person named in it.  A judge signs the warrant if the police provide sufficient grounds of suspicion.

In some cases, if the police suspect a person of committing a cognizable crime, they can arrest without warrant. If the accused challenges the warrant then police officers have to justify the evidence.

  • Right To Silence

According to the Right to silence, it is the choice of accused to stay quiet and not to say anything until their lawyer is consulted. This law protects the accused against incrimination before any conviction is imposed. It is the rights of arrested person under CRPC to speak about the charges imposed on them. No one can corrosively extract statements from the accused, who has the right to remain silent but only in the court. It is not clear if the arrested can exercise their right to silence during interrogation by police officers. Police officers use interrogation techniques like narco-analysis, brain mapping and lie detection which annul the legality of the Right to Silence. The Supreme Court in 2010 declared that these tests violate article 20(3). Article 20(3)  states that “no person accused of any offence shall be compelled to be a witness against himself.”

  • No Unnecessary Restraint

It is the right of an arrested person under CRPC that police should use no more restraint than is necessary to prevent escape. Restraint should not lead to death. Before keeping a person under any form of restraint there must be an arrest. Using restraints without an arrest is illegal.

  • No Detention For More Than 24 Hours 

Police should bring the arrested person before the court within 24 hours of the arrest. Police officers cannot detain a person for more than 24 hours without a warrant. The time period should not exceed 24 hours excluding the time of the journey from the place of arrest to the courtroom. Police officers will be held guilty if there is a violation of this right.

  • Right To Free Legal Aid

It is the right of the accused to consult a counsel of their choice. The government provides them with free legal aid. Thus, every person has access to a counsel even if they cannot afford one, to ensure a fair trial.

  • Right To Medical Assistance

It is the rights of arrested person under CRPC to get medically examined so they can efficiently defend and protect themselves. Only a lady doctor can examine a female. It is the duty of the person having charge of the accused to take care of their health and safety.

  • Right to Bail

Offences are either bailable or non-bailable. If a person is arrested for a bailable offence, then they can ask for all the relevant details of the bail including the information about bail amount.

  • Freedom to Communicate With Magistrate

It is the rights of accused person to freely communicate with the judge and talk about the issues they are dealing inside the jail. If a police officer tortures an arrested person they can complain to the judge.

This right ensures the safety of the prisoners inside the jail.

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