Rights Of An Arrested Person Under The Criminal Procedure Code
Updated: Jan 15
The Code of Criminal Procedure (Cr.P.C.) is the apex criminal code which governs the procedural aspect of the criminal justice system. The right to arrest vests not only with the police but, it can be exercised by the Magistrate and a private person with due diligence. The nature of law cannot be arbitrary, and it must be in line with the components of Article 20 and Article 21 of the Constitution of India. The Cr.P.C. provides certain rights to the person arrested or accused, and the same are discussed in detail below:-
Section 41D - Right of arrested person to meet an advocate of his choice during interrogation - Any person who has been arrested has a right to be represented by an advocate of his choice. In case a person is unable to appoint an advocate, Article 21 makes it a mandate for the state to provide free legal aid to such people. The right to be represented is inexhaustible in the Constitution and has been incorporated as an indispensable right under Article 21, although, the advocate may not be present during the entire interrogation.
Section 49- No unnecessary restraint - The law prohibits putting a person under unnecessary restraint or any such restrain which appears to be more than necessary. In layman's term, if a person surrenders before the police officer, then he need not be handcuffed or subject to physical force by such police officer. It is not mandatory to handcuff a person during the period of arrest.
Section 50- Person arrested to be informed of grounds of arrest and his right to bail - If an arrest is being made without the warrant, it is mandatory for the person carrying out the exercise to communicate the grounds of arrest and any such relevant information in full particulars. It also makes it mandatory for the person to be informed about his right to bail on security in terms of an arrest made under a bailable offence.
Section 50A- Obligation of the person making the arrest to inform about the arrest to any nominated person - This provision makes it mandatory for the police officer to provide the information of the arrest of the person and the place where he is being held to their family member, friend or any such person nominated by the arrested person. Law makes it mandatory for the Magistrate before whom the accused have been presented to ensure the compliance of this provision to the fullest.
Section 55A- Health and safety of the arrested person - Any person who has the custody of the accused has to take reasonable care of the health and safety of the arrested person. Such a provision has been necessarily enacted in line with Article 21.
Section 56- Person arrested to be brought before the Magistrate or officer in charge of the police station- This section has been incorporated for the matter of arrests without a warrant. Cr.P.C empowers the police officers to make an arrest without a warrant or the requisite order from the Magistrate in regards to a cognizable offence. Section 56 makes it mandatory for such arrested person to be presented before the competent Magistrate or the officer in charge of the police station.
Any person who has been arrested with a warrant or without a warrant must be presented before the nearest Magistrate and shall not be detained for more than twenty-four hours under reasonable circumstances. The right not to be detained has been incorporated as a fundamental right under Article 22(2).
ABOUT THE AUTHOR:
Shivam Kunal is currently studying B.Com LLB (Hons.) from Institute of Law, Nirma University. You can contact him at https://www.linkedin.com/in/shivam-k-53148b118/
Editor: Jayant Upadhyay
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