Rights of an Arrested Person | Criminal Law - CLAT PG PDF Download

Arrested Person's Rights

• The Constitution of India guarantees certain fundamental rights to individuals at the time of arrest.
• These rights, including the  Right to be Informed, Right to be Presented before a Magistrate within 24 Hours, and Right to Consult a Legal Practitioner of Choice,  are enshrined in Article 22 of the Constitution and are also reflected in the Criminal Procedure Code (CrPC).

Right to be Informed of the Grounds of Arrest 

• Article 22 of the Constitution provides protection to an accused against arrest and detention.
• According to Article 22(1), no person who is arrested shall be held in custody without being informed of the grounds for their arrest. They also have the right to consult and be defended by a lawyer of their choice.
• Section 50(1) of the CrPC states that every police officer or person arresting without a warrant must inform the accused of the particulars of the offence immediately.
• Decisions like  Joginder Singh v. State of U.P.  and  D.K. Basu v. State of West Bengal  led to the enactment of Section 50-A, making it mandatory for police officers to inform a friend or relative of the arrested person about the arrest and to maintain a register of such arrests.
• Magistrates observing arrests must ensure police compliance with these procedures.

Right to be Released on Bail 

•  Section 50(2)  of the CrPC states that if a police officer arrests someone without a warrant for anon-bailable offence, they must inform the arrested person that they areentitled to be released on bailand can arrange for sureties on their behalf.

 Right to be Produced Before a Magistrate 

• According to  Article 22(2)  of the Constitution, every arrested person must be presented before the nearest Magistrate within  24 hours  of arrest, excluding the time taken to travel from the place of arrest to the Magistrate's office.
• The police cannot detain a person beyond this period without the Magistrate's authority.
• Section 56  and  57  of the CrPC also mandate this requirement.
• If an arrested person is not presented before the Magistrate within a reasonable time without a valid reason, the arrest is considered unlawful.

Protection Against Arrest and Detention 

• Article 22(1) emphasizes the need to inform the accused of the grounds for arrest and the right to consult a lawyer of their choice.
• Article 22(2) requires police officers to present the arrested person before a magistrate within twenty-four hours, prohibiting detention beyond this period without proper authorization.
• Article 22(4) states that no individual can be detained for more than three months without the recommendation of the Advisory Board.
• The detained individual must be informed of the reasons for their detention as soon as possible and given the earliest opportunity to contest the order.

Right to Consult a Legal Practitioner 

• Article 22(1) of the Constitution and Section 41 D of the CrPC grant the accused the right to consult and be defended by a legal practitioner of their choice

Right to Free Legal Aid 

• Article 39A of the Directive Principles of State Policy mandates the state to ensure justice is accessible to all citizens, enabling them to approach the courts to enforce their rights easily.
• The article emphasizes providing justice based on equal opportunity through free legal aid or legislation benefiting those unable to access justice due to economic constraints or other challenges.
• To facilitate this, institutions like  Legal Service Authorities  are established at the national, state, and district levels.

Hussainara Khatoon v. State of Bihar 

• In the case of  Hussainara Khatoon vs. State of Bihar  , a Public Interest Litigation (PIL) was filed in the Supreme Court on behalf of Hussainara Khatoon  , a prisoner in a jail.
• The Court ruled that if an accused cannot afford legal services, they have the right to free legal aid at the state's expense.
• The state is responsible for providing a legal system that promotes justice based on equal opportunity for all citizens, particularly those denied access to justice due to economic conditions or other disabilities.
• Thus, the state must arrange for free legal services for such individuals.

Right to be Examined by a Medical Practitioner 

• Section 54(1) of the CrPC grants the accused the right to undergo a  medical examination  of their entire body if it may provide evidence to disprove their involvement in a crime or prove the involvement of another person at the time of their presentation before the magistrate or during detention.
• This examination requires the magistrate's permission. However, if the magistrate believes it is being requested merely to cause a delay, they have the authority to cancel it.

Joginder Kumar v. State of UP 

• A petition was filed under Article 32 by a young lawyer.
• The Supreme Court held that it is the right of an accused to be informed of the grounds of his offence, informed someone of his arrest and to consult a lawyer are inherent in Article 21 and Article 22 of the Constitution.
• It was also held that a police officer cannot arrest just because he has the power to do so.
• It should exhibit a clear justification for every arrest.
• Since there is some amount of harm caused to the reputation of a person when he is put behind bars.
• Therefore, every arrest should happen after  reasonable satisfaction  and the minimum level of investigation as to the genuineness and bona fides of a complaint.
• Apart from these certain  guidelines  , were also provided that needed to be necessarily followed at the time of the arrest.
• This case law is taken into consideration for looking for rules apart from those mentioned in CrPC.