CrPC - Arrest (Rights of Arrested Person)

Introduction

In Previous article, we have discussed some provisions related to arrest. Section 41 to 60 largely deals with the arrest. One of the MOST important aspect of these provisions are rights of arrested person.

Many times government or police abuses the power of arrest. Take below picture for example. See how government can abuse the power of arrest.



Why do you think person who may have committed an offense need right? Because in the beginning we are not sure whether that person only had committed a crime. Below are some of the reason why arrested person should have a right.




Rights of Arrested Person

CrPC along with Constitution have various safeguards for rights of an arrested person.

Article 22 of constitution describes various rights of arrested person.These includes the person must be informed about the grounds on which he is arrested. Person have a right to undergo judicial scrutiny withing 24 hours of arrest. Arrested person also consult legal practitioner of his choice.



Section 50 of CrPC talks about grounds to be informed to arrested person. It also states that if offence is bailable, then Police officer must inform arrested person that "you can get a bail".

Apart from that Police needs to inform about the arrest to relatives or friend of arrested person.


Indigent arrested person has a right to free legal aid. As per section 54(1) medical examination of arrested person is mandatory.






These are rights of arrested person and these are extremely important.

 

Legalfundaa

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