“You have the right to remain silent……”, the Miranda Rights. It’s pretty cool to hear this when the US police handcuffs a person. These might come in our mind when we hear about an arrest. It’s pretty true that Hollywood films influence us. But, being an Indian do we really have the rights when arrested? This is something to be looked into because we just blindly follow what the law enforcers command. One of the basic tenets of our legal system is the privilege of the accused’s presumption of innocence before he is proven guilty at the conclusion of a fair proof jury. Even the rights of the accused are sacrosanct in a democratic society, while he is convicted of a crime, he does not become a non-person.
1 – Right to know the grounds of arrest
Article- 22(1) No arrest can be conducted without informing the person the reason and grounds of arrest.
CrPC Section 50 says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse.
CrPc Section 75 states that the police official executing the warrant must notify the substance to the arrested person and furnish the warrant of the arrest when required.
2- Right to be produced before the Magistrate without unnecessary delay
Article 22(2) – The Indian Constitution stipulates that, within 24 hours of the arrest, the detained person must be brought before the Magistrate by the police officer who makes him responsible for wrongful detention.
3- Right to be released on bail
CrPC Section 50 (2) – The accused person has the right to be released on bail by paying for protection or merely reminding him of his right when he is detained for an crime other than a non-cognizable offence without a warrant. Even for a non bailable offence women and children can be released on bail fulfilling certain procedures.
4-Right to consult a Lawyer
CrPC 41D– allows prisoners to be able to consult with their lawyers even during their interrogation.
CrPC Section 303- allows every alleged convict/ criminal the right to be defended by a lawyer of his choice even if the criminal proceedings against him have already begun.
Maintaining the mental and physical health of the arrested person is the sole responsibility of the police official. The arrested person should be provided with compensation if he is detained illegally. For a cognizable offence committed date, time and location must be provided to the offender in order to appear before the official. Section 41D entitles an arrested person to a right to have 1 friend or relative or any other person who he wants by his side during his arrest.
India is facing a huge problem of illegal arrests as well as deaths from custody that are caused mainly by illegal arrests. Such issues weaken the meaning of Article-21 of the Indian Constitution as well as the basic human rights under the Universal Declaration of Human Rights applicable to all.
THE ENTITLED RIGHTS 