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An Arrested Person's Rights

 An Arrested Person's Rights

By Shagun Mahendroo


1 - The right to know why you were arrested.

  • Article 22(1) of the Indian Constitution states that no police officer may detain or arrest a person without first informing the accused of the basis for his detention or arrest.

  • According to Section 50 of the Code of Criminal Procedure (CrPC), every police officer who has the authority to arrest someone without a warrant must inform the person being arrested of the offence for which he is being arrested, as well as any other necessary grounds for the arrest. This is a police officer's obligation, which he cannot decline.

  • The person/police official arresting a person is required by Section 50A of the CrPC to tell any of his relatives or acquaintances who may have an interest in the arrest.

  • In circumstances where a police official authorises his junior to arrest a person without a warrant, Section 55 of the CrPC mandates that the arrested person must be notified of the order of delegation, which must include the offence and the grounds of arrest.

  • According to Section 75 of the CrPC, the officer executing the warrant shall inform the arrested person of the substance and provide the warrant of arrest when requested.

2- The right to appear before the Magistrate without undue delay

  • According to Article 22(2) of the Indian Constitution, a police officer who makes an arrest must present the arrested person to the Magistrate within 24 hours after the arrest, or he would be held accountable for wrongful detention.

  • According to Section 55 of the CrPC, if a police officer makes an arrest without a warrant, he shall produce the person apprehended before the Magistrate with jurisdiction or a police officer in charge of the police station, depending on the circumstances of the arrest.

  • The detained individual must be produced in court within 24 hours of his arrest, except the time required to travel from the place of arrest to the Magistrate Court, according to Section 76 of the CrPC.

3- Bail is a legal right that allows you to get out of jail.

  • When a person is arrested without a warrant for an offence other than a non-cognizable offence, he or she has the right to be freed on bail by making arrangements for sureties or just being informed of his or her rights under Section 50 (2) of the CrPC.

4- The right to a fair and impartial trial.

  • Since no specific rule has been mentioned in this regard, the legal provision addressing the right to a fair and just trial can be drawn from the Indian Constitution as well as a number of Supreme court and High court judgements.

5- The right to seek legal advice

  • Every arrested individual has the right to pick and elect his own lawyer to represent him in court for whatever crime he may or may not have committed, according to Article 22 (1) of the Indian Constitution.

  • Section 41D of the Criminal Procedure Code allows detainees to confer with their lawyers even while they are being interrogated.

  • Even though criminal proceedings against him have already begun, Section 303 of the CrPC gives every putative convict/criminal the right to be represented by a lawyer of his choice.

6- The right to have a doctor examine 

  • If an accused individual alleges that a medical examination of his body would lead to a detail that would dismiss the fact of his commission of the crime, or a detail that would lead to evidence of commission of the crime by another person against his body, Section 54 of the CrPC applies.

  • The court has complete power to order a medical examination of an accused individual at his request, and the court will do so if it is convinced that the request is not being made to obstruct or defeat justice.
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