Rights of a person against an Arrest for a crime

Below are some rights of a persons against his or her arrest: 

·         Right to be informed of the grounds of arrest: The police are required to inform you of the reasons for your arrest, and they must produce an arrest warrant if one exists. If the police do not provide reasons for your arrest, you have the right to ask them for an explanation.

·         Right to legal representation: You have the right to consult and be defended by a lawyer of your choice during the investigation and trial. If you cannot afford a lawyer, the court may appoint a lawyer to represent you.

·         Right to remain silent: You have the right to remain silent and not to incriminate yourself during the investigation and trial. You do not have to answer any questions asked by the police or any other authority.

·         Right to medical examination: After you are arrested, the police must inform you of your right to be examined by a medical practitioner. The examination must be conducted by a registered medical practitioner and should be done as soon as possible after the arrest.

·         Right to be produced before a magistrate within 24 hours: After your arrest, you must be produced before the nearest magistrate within 24 hours. This period may be extended for reasons mentioned under the law, such as if the arrest happens on a holiday or if the nearest magistrate is not available.

·         Right to bail: If you are arrested for a bailable offence, you have the right to apply for bail. Bailable offences are those for which the maximum punishment is less than three years' imprisonment. If the offence is non-bailable, you can still apply for bail, but it will be at the discretion of the court.

·         Right to fair trial: You have the right to a fair trial, which includes the right to be heard, the right to call and examine witnesses, and the right to cross-examine witnesses. You also have the right to be represented by a lawyer of your choice during the trial. 

If your rights are violated by the police or other authorities, you can challenge the violation in a court of law. It is important to note that these rights are not absolute and that there may be some exceptions under certain circumstances. For example, if there is an imminent threat to public safety or if you are suspected of being involved in a serious crime, the police may be able to hold you for longer than 24 hours without producing you before a magistrate. However, any violation of your rights must be justified and reasonable under the law. 

Important Case Laws

 1.      Joginder Kumar vs State of U.P. (1994): This case is significant because it established guidelines for the police to follow when making arrests. The Supreme Court ruled that the police must inform the person being arrested of the grounds for their arrest, the right to inform someone about the arrest, and the right to consult a lawyer of their choice. The court also stated that the police must make an entry in the arrest memo, stating the reasons for the arrest.

2.      State of Punjab vs Baldev Singh (1999): In this case, the Supreme Court ruled that the police must inform the person being arrested of their right to medical examination after the arrest. The court stated that this right is necessary to ensure that the person is not subjected to any physical or mental abuse while in custody.

 3.      Gurbaksh Singh Sibbia vs State of Punjab (1980): In this case, the Supreme Court ruled that the right to bail is a fundamental right under the Constitution of India. The court stated that the right to bail should not be denied unless there are reasonable grounds to believe that the accused will flee or tamper with evidence.

 4.      Kartar Singh vs State of Punjab (1994): In this case, the Supreme Court held that the police cannot hold a person in custody for more than 24 hours without producing them before a magistrate. The court stated that this right is essential to prevent the police from abusing their power and violating the rights of the accused.

 These cases illustrate the importance of protecting the rights of an arrested person in India. The courts have consistently upheld the right to be informed of the grounds of arrest, the right to legal representation, the right to remain silent, the right to medical examination, the right to be produced before a magistrate within 24 hours, the right to bail, and the right to a fair trial. Any violation of these rights by the police or other authorities can be challenged in a court of law.

 

References

1.      1994 AIR 1349, 1994 SCC (4) 260

2.      INSC 224 (21 July 1999)

3.      2 SCC 655.

4.      https://indiankanoon.org/doc/1813801/

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