Adv.
Arvind Dede
Basic Rights of an accused person in a Criminal trial
1. Protection against arbitrary
or unlawful arrest
2. Protection against arbitrary
or unlawful searches
3. Protection against Double
Jeopardy
4. Protection against conviction
or enhanced punishment
under ex-post facto law.
5. Protection against arbitrary
arrest or illegal detention in
custody
6. Right to be informed of the
grounds immediately after
the arrest.
7. Right of the arrested person
not to be subjected to
unnecessary restraint
8. Right to consult a lawyer of
his own choice
9. Right to be produced before a Art 22(1) of the Court Sec
magistrate within 24 hours
of his arrest
10. Right to be released on bail if Sec – 436, 437 & 439 of
arrested
11. Right not to be witness
against himself
Mob. 9028884985
B.S.L., L.L.B., L.L.M. (SET)
Art. 22 of the constitution
& Sec 41, 41-A, 55 & 151
of Cr. P.C.
Sec 93, 94, 95, 97, 100
(4) to (8) & 165 of Cr. P.C.
Art 20(2) of the
constitution & Sec 300 of
Cr. P.C.
Art 20(1) of the
constitution.
Art 22 of the constitution
& Sec 56, 57 & 76 of Cr.
P.C.
Art 22(1) of constitution
& Sec 50 of Cr.P.C. & Sec
55 & 75 of Cr.P.C.
Sec 49 of Cr. P.C.
Art 22(1), 303 Cr.P.C.
57 & 76 of Cr.P.C.
Cr. P.C. & Sec 167 of Cr.
P.C.
Art 20(3) of the
constitution & Sec 161 (2)
Cr. P.C.
 Adv. Arvind Dede
Mob. 9028884985
B.S.L., L.L.B., L.L.M. (SET)

12. Right to get copies of the Sec 173(7), 207, 208 &
documents are statements of 238 of Cr. P.C.
witness on which the
prosecution relies
13. Right to have the benefit of Sec 101 to 104 of
the presumption of evidence Act.
innocence till guilt is proven
beyond reasonable doubt
14. Right to insist that evidence Sec 273 of Cr. P.C. also
to be recorded in his Sec 317 of Cr. P.C.
presence except in some
special circumstances
15. Right to have the due notice Sec. 218, 228 (2), 240(2)
of the charge of Cr. P.C.
16. Right to test evidence by Sec. 138 of evidence Act.
cross examination.
17. Right to have an opportunity Sec. 313 of Cr. P.C.
for explaining circumstances
appearing in evidence
against him at the trial .
18. Right to have himself Sec. 54 & 55(A) of Cr. P.C.
medically examined for
evidence to disprove the
commission of offence by
him or for establishing
commission of offence
against his body by any
other person.
19. Right to produce defence Sec. 233, 243 of Cr. P.C.
witness
20. Right to be tried by an Sec 479, 327, 191 of Cr.
independent and impartial P.C.
judge

21. Right to submit written
arguments at conclusion of
the trial in addition to oral
submission
22. Right to be heard about the
sentence upon conviction.
23. Right to fair and speedy
investigation and trial
24. Right to appeal in case of
conviction
25. Right not to be imprisoned
upon conviction in certain
circumstances .
26. Right to get copy of the
judgment when sentenced to
imprisonment .
27. Right to file appeal against
the order of conviction.
28. Right to release of appellant
on bail pending appeal on
conviction
29. Right to be released on
probation of good conduct or
after admonition .
30. Right to be released on
parole or furlough
Adv. Arvind Dede
Mob. 9028884985
B.S.L., L.L.B., L.L.M. (SET)
Sec. 314 of Cr. P.C.
Sec. 235 (2), 248(2) of Cr.
P.C.
Sec. 309 of Cr. P.C.
Sec. 351, 374, 379, 380 of
Cr. P.C.
Sec. 360 of Cr. P.C. , Sec 6
of probation of offenders
Act.
Sec. 363 of Cr. P.C.
Sec. 372, 373, 374 of Cr.
P.C.
Sec. 389 of Cr. P.C.
Sec. 360 of Cr. P.C.
Sec. 5(A) & 5(B) of the
prisons Act 1894.