DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW.

FINAL DRAFT

CRPC: RIGHTS OF ARRESTED PERSONS IN INDIA

SUBMITTED TO- SUBMITTED BY-

DR. PREM KUMAR GAUTAM, ANIKET SACHAN,
ASSISTANT PROFFESOR OF LAW, ROLL NO- 028,
DR. RMLNLU, LUCKNOW. B.A.LLB(HONS.)/SEM V.

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 ACKNOWLEDGEMENT

I would like to express our gratitude to all those who made it possible for us to complete this
project, which includes everyone. This project is the result of extensive research. I would like
to thank our guide, DR. PREM KUMAR GAUTAM, who inspired me to do this project, whose
help and stimulating suggestion helped through the research for this project.
I further extend our thanks to library staff of DR. RAM MANOHAR LOHIYA NATIONAL
LAW UNIVERSITY who helped me in getting all the books and necessary documents for the
project.

Aniket Sachan

170101028

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 INDEX

1) INTRODUCTION

2) HISTORY OF PRISON SYSTEM IN INDIA

3) PRESENT CONDITION AND THE LAWS

4) UNDER CRIMINAL PROCEDURE CODE, 1973.

5) RIGHTS OF PRISONERS

6) RIGHTS OF PRISONERS UNDER PRISONERS’ ACT

7) CONCLUSION

8) BIBLIOGRAPHY

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 INTRODUCTION

In India, the administration of justice is divided into two parts: a) Civil Justice Administration
b) Criminal Administration Justice. Whenever a right of individual is violated by another, he
suffers loss/injury in the form of damage or loss to his property or to his person or to his
reputation. But under administration of civil justice the ultimate purpose is to provide
compensation to the person, whose right is violated. On the other hand in the administration of
criminal justice the final purpose is to inflict punishment on the wrongdoer. The purpose behind
it is that the Crimes as well as the Criminal habits are to be stopped, deterrence must be visible,
and crimes be eradicated from the Society.

Whenever an individual is claimed to be as accused and he has been apprehended, detained

and interrogated and after checking prima facie indications, he is finally arrested for the alleged
offence, it is to be dealt with according to legal process established by the law and he is not to
be treated arbitrary by the investigators. It is long drawn experience of our society that an
individual from weaker section or form indigenous class of people, who are innocent and
happens to come in to the clutches of investigators.

They are being interrogated against the laid down spirit of law, are being subjected to third
degree treatment, mentally and physically tortured to confess the crime. Such physical and
mental trouble or harassment should not be caused to alleged accused. For that purpose law has
provided some safeguards, securities & protection by laying down the legislation. In other
words whatever the rights which are provided to an accused by law are to be availed to the
suspect accused for fair and free justice.

Most of the citizen in our country are semi literate and hence they have not fully acquainted
with their legal, their constitutional rights and criminal judicial system. Among the literate
population, on prima facie, it seems that legal literacy is negligible & need not to be said about
legal literacy of illiterate population. Thus, legal knowledge about the rights of the persons is
at greater extents, not known to people at large. Fundamental Rights and legal rights being
immunities denote that there is a guarantee that certain acts cannot or ought not to be done to
a person against his will by the authorities. According to this concept, human being, including
accused, being suspect, under trial prisoners, or prisoner of war, convicts and prisoners, by
virtue of their humanity ought to be protected against unjust and degrading treatment.

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 HISTORY OF PRISON SYSTEM IN INDIA

All Human beings are social animal. All human being, who live in the State, being taken care
by the authorities of the said state. Jail System in India originated during the reign Lord
Macaulay in 1835. A committee was constituted namely Prison Discipline Committee. The
committee recommended increased rigorousness of treatment while rejecting all humanitarian
needs and reforms for the prisoners. Central Prisons were constructed from 1846, which was
inhuman era of the modern jail system.
Thus, the Jail administration in India is illegitimate heritage of British rule. It is based on the
notion that the best criminal code can be of little use to a community unless there is good
machinery for the infliction of punishments.

Again, in the year 1864, the Second Commission of Inquiry into Jail Management and
Discipline made similar recommendation. In addition, this Commission made some specific
suggestions regarding accommodation for prisoners, improvement in diet, clothing, bedding
and medical care. The present jail system and administration operates in India under Prisons
Act, 1894. The need for completely overhauling and consolidating the laws relating to prison
has been constantly highlighted.

The Government of India Act 1935, resulted in the transfer of the subject of jails from the
center list to the control of provincial governments and hence further reduced the possibility of
uniform implementation of a prison policy at the national level. State governments thus have
their own rules for the day to day administration of prisons, upkeep and maintenance of
prisoners, and prescribing procedures. In 1951, the Government of India invited the United
Nations expert on correctional work, Dr. W.C. Reckless, to undertake a study on prison
administration and to suggest policy reform. His report titled 'Jail Administration in India' made
a plea for transforming jails into reformation centers. Later on, the Government of India
appointed the All India Jail Manual Committee in 1957 to prepare a model prison manual. The
report made forceful pleas for formulating a uniform policy and latest methods relating to jail
administration, probation, after-care, juvenile and remand homes, certified and reformatory
school, protective homes, suppression of immoral traffic etc. The report also suggested
amendments in the Prison Act 1894 to provide a legal base for correctional work on the
reformatory theory of Mahatma Gandhi.

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 PRESENT CONDITION AND THE LAWS

Fundamental rights of accused, arrestees, detinue, under trials, prisoners and convicts have
been secured by various criminal laws of India and also by Constitution of India. Supreme
court gave directions in the D.K. Basu case. The Indian Criminal laws such as Code of Criminal
Procedure 1973, Indian Penal Code 1860, Prisoners Act 1894, India Evidence Act 1872,
Juvenile Justice Act 2000, Probation of Offender Act 1958, COFEPOSA Act 1974, NDPS &
Jail Manual of states, and Police manuals etc. are the protector of the rights of above classes.

All the citizens have been held to have a number of rights as ingredient of Right of Life and
Personal Liberty, Right to Equality, Right to Freedom under corresponding Articles 21, 14 &
19 of Constitution of India in all the circumstances. Besides, under its wide interpretation of
fundamental rights under chapter III of Constitution of India, Supreme Court pronounces
certain rights. By a series of judgment regarding rights of suspects, under trials, convicts &
prisoners, the S.C. has fabricated Police & Prison Jurisprudence. Certain rights have been made
as components of Fundamental Rights. In fact the court, through its judicial pronouncement
has made out a strong case for prison reform and in the process it has shaped a code in this
regard. After the continuous intervention of Hon. Supreme court in the matters of jail and bar
betters, the prison reforms are visible.

To improve prison conditions does not mean that prison life should be made soft, it says that
lives in custody should be made socialize, humane and sensible. Awareness about the rights of
accused, under trial prisoners & convicts is necessary to protect innocent citizen from being
arrested & harassed by the police merely on the suspicion complicity in an offence, to avoid
executive highhandedness, to safeguard the dignity & humanity of under trial prisoners &
convicts. There were no scientific methods of investigation of crimes, procedure to determine
guilt and fixed sort of punishment to be given to the convicts. But the concept of crime is
always changing so also the concept of right changes according to time, situation &
circumstances.

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 RIGHTS UNDER CRIMINAL PROCEDURE CODE, 1973.

1) RIGHT TO KNOW THE GROUNDS OF ARREST

According to Section 50(1) of Cr.P.C., Every police or other individual capturing any
individual without warrant might forthwith convey to him full particulars of offense for which
he is captured or different reason for such capture. According to Section 55 of Cr.P.C., when
any individual is being captured by any police, who is deputed by a senior police, then such
subordinate officer should before making such capture, tell the individual to be captured the
substance of the composed request given by the senior police indicating the offense or other
reason for which the capture is to be made.

If this arrangement is not followed, then the capture would be rendered illicit.In the event that
the individual is being captured under a warrant, then according to Section 75 of Cr.P.C, any
individual who is executing such warrant must inform the individual to be captured, the
particulars of such warrant, or even show such warrant if necessary. On the off chance that the
substance of the warrant is not advised, the capture would be unlawful.

Section 75 of Cr.P.C. gives that "the police or other individual executing a warrant of capture
might inform the substance thereof to the individual to be captured, and if so required, should
demonstrate to him the warrant". On the off chance that the substance of the warrant is not
informed, the capture would be unlawful.v The Constitution of India additionally gives this
perfectly fine of the basic rights. Article 22(2) of the constitution gives that "no individual who
is captured might be confined in authority without being educated when might be, of the reason
for such capture nor should he be denied the privilege to counsel, and to be shielded by a
legitimate expert of his decision."

2) INFORMATION REGARDING THE RIGHT TO BE RELEASED ON BAIL

As per section 50(2) of Cr.P.C. states that “where a police officer arrests without warrant any
person other than a person a person accused of a nonbailable offence, he shall inform the person
arrested that he is entitled to be released on bail and that he may arrange for sureties on this
behalf.

3) RIGHT TO BE TAKEN BEFORE A MAGISTRATE WITHOUT DELAY

Regardless of the reality, that whether the capture was made with or without a warrant, the

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individual who is making such capture needs to bring the captured individual before a legal
officer immediately. These matters have been given in Cr.P.C. under section 56 and 76 which
are as given beneath. Section 56 of Cr.P.C. states that "Individual captured to be taken before
Magistrate or officer accountable for police headquarters. A cop making a capture without
warrant might, immediately and subject to the arrangements thus contained as to safeguard,
take or send the individual captured before a Magistrate having purview for the situation, or
before the officer responsible for a police headquarters". Section 76 of Cr.P.C. states that
"Individual captured to be brought under the steady gaze of Court immediately the cop or other
individual executing a warrant of capture might immediately bring the individual captured
under the steady gaze of the Court before which he is required by law to create such individual".

Further, it has been specified in the stipulation of Section 76 that such postponement should
not surpass 24 hours regardless. While figuring the day and age of 24 hours, the time vital for
the trip is to be avoided. The same has been counted in the Constitution as a Fundamental Right
under Article 22(2). This privilege has been made with a view to dispose of the likelihood of
police authorities from separating admissions or convincing a man to give data. On the failure
the police authorities should be held blameworthy of wrongful confinement. The Supreme
Court has firmly encouraged upon the State and its police experts to guarantee that this sacred
and legitimate prerequisite to create a captured individual before a legal Magistrate inside 24
hours of the capture be carefully watched. This solid arrangement empowers the officers to
keep check over the police examination and it is vital that the justices ought to attempt to uphold
this necessity and where it is discovered defied, come vigorously upon the police.

4) RIGHT TO CONSULT A LEGAL PRACTITIONER

Each individual who is captured has a privilege to counsel his very own legitimate professional
decision. This has been cherished as a key appropriate in Article 22(1) of the Constitution of
India, which can't be denied regardless. Section 50(3) of the Code additionally sets out that the
individual against whom procedures are started has a privilege to be protected by a pleader of
his decision. This begins starts when the individual is captured. The discussion with the legal
counselor might be within the sight of cop yet not inside his listening ability. Section 303
additionally gives that any individual against whom procedures are established under the Code
may of right be shielded by a pleader of his decision. Regardless of whether the capture is
without warrant or under a warrant, the captured individual must be brought under the watchful
eye of the Magistrate or Court inside 24 hours.

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5) RIGHT OF ARRESTED PERSON FOR FREE LEGAL AID-

This is not a statutorily recognized right however in the case of Khatri (II) v. State of Bihar[5]
the Supreme Court had categorically stated that the State is under a constitutional mandate to
provide free legal aid to an arrested indigent person and that this constitutional mandate to
provide legal aid does not arise only when the trial commences but also when the accused is
for the first time produced before the Magistrate as also when he is remanded from time to
time. moreover, the right to free legal aid of an arrested indigent person cannot be denied even
if the accused failed to apply for it.

6) RIGHT TO BE EXAMINED BY A MEDICAL PRACTITIONER-

Section 54 of CrPC states that when an arrested person alleges that the examination of his body
will afford evidence which will disprove the commission by him of any offence or which will
establish the commission by any other person of any offence against his body, the Magistrate
shall, if requested by the arrested person direct the examination of the body of such person by
a registered medical practitioner. However, the request shall not be made for the purpose of
vexation or delay or for defeating the ends of justice.

RIGHTS OF THE PRISONERS

Prisoners are also entitled to rights to some extent as a normal human being when they are
behind the prison. These rights are provided under the Constitution of India, the Prisons Act,
1894 etc. Prisoners are persons and have some rights and do not lose their basic constitutional
rights. In a case1 it was held that a prisoner is entitled to all his fundamental rights unless his
liberty has been constitutionally curtailed.

Constitution of India does not expressly provide the provisions related to the prisoners’ rights
but in the case of T.V. Vatheeswaran2 it was held that the Articles 14, 19 and 21 are available
to the prisoners as well as freemen. Prison walls do not keep out fundamental rights.

Article 21 of the Constitution of India says that No person shall be deprived of his life or
personal liberty except according to procedure established by law. This Article stipulates two
concepts i.e., right to life and principle of liberty. By Article 21 of the Indian Constitution it is

1 State of A.P. v Challa Ramkrishna Reddy, AIR 2000 SC 2083.

2
T.V. Vatheeswaran v. State of Tamil Nadu, AIR 1983 SC 36.

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clear that it is available not only for free people but also to those people behind the prison.
Following are the rights of prisoners which are implicitly provided under the Article 21 of the
Constitution of India.

 Right of inmates of protective homes 3

 Right to free legal aid 4
 Right to speedy trial 5
 Right against cruel and unusual punishment 6
 Right to fair trial 7
 Right against custodial violence and death in police lock-ups or encounters 8
 Right to live with human dignity 9

PRISONER’S RIGHTS UNDER THE PRISONS ACT, 1894

Prisons Act, of 1894 is the first legislation regarding prison regulation in India. This Act mainly
focus on reformation of prisoners in connection with the rights of prisoners. Following Sections
of the Prisons Act, 1894 are related with the reformation of prisoners.

 Accommodation and sanitary conditions for prisoners.

 Provision for the shelter and safe custody of the excess number of prisoners who
cannot be safely kept in any prison.
 Provisions relating to the examination of prisoners by qualified Medical Officer.
 Provisions relating to separation of prisoners, containing female and male prisoners,
civil and criminal prisoners and convicted and undertrial prisoners.
 Provisions relating to treatment of undertrials, civil prisoners, parole and temporary
release of prisoners.

3
Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81.
4
Jagmohan Singh v. State of U.P., AIR 1973 SC 947.
5
Rattiram v. State of M.P., (2012) 4 SCC 516.
6
D.K. Basu v. State of W.B., (1997) 1 SCC 416.
7
Jeeja Ghosh v. Union of India, (2016) 7 SCC 761.
8
Sunil Batra v. Delhi Administration, AIR 1980 SC 1579.
9
Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535.

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 CONCLUSION

It is for the most part trusted that notwithstanding the different protects in the Cr.P.C. and
additionally the in the Constitution, the energy of capture given to the police is being abused
till this day. It is additionally trusted that the police frequently utilize their position of influence
to debilitate the captured people and exploit their office to coerce cash.

There is fast approaching need to get changes in Criminal Justice Administration so state ought
to perceive that its essential obligation is not to rebuff, but rather to mingle and change the
transgressor or more all it ought to be obviously comprehended that socialization is not
indistinguishable with discipline, for its involves counteractive action, instruction, care and
recovery inside the structure of social barrier.

The Mallimath Committee in its Report on the changes in the Criminal Justice System has
expressed that the charged has the privilege to know the rights given to him under law and how
to implement such rights. There have likewise been reactions that the police neglect to advise
the people captured of the charge against them and subsequently, let the captured people
wallow in guardianship, in entire obliviousness of their asserted wrongdoings. There have
likewise been endless reports on custodial brutality that persuade that hardship of fundamental
privileges of the captured people has turned out to be typical these days. It is the obligation of
the police to ensure the privileges of society.

BIBLIOGRAPHY
1) CODE OF CRIMINAL PROCEDURE – RATANLAL & DHIRAJLAL
2) OUTLINE OF CRIMINAL PROCEDURE CODE – R.V. KELKAR
3) CRIMINAL PROCEDURE- D.D. BASU
4) CONSTITUTIONAL LAW- M.P. JAIN
5) www.legalservicesindia.com
6) thelawstudy.blogspot.com
7) thelawyersclubindia.com

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