Access the ultimate library with Scribd. = $3 SCRIBD ( Search Q RIGHTS OF AN ARRESTED PERSON IN INDIA Chapter 2: Rights of arrested person enshrined in Cr.PC ‘The concept of arrest * Ba, Det (19H) * Mba UDin, Scanned with CamScannerAccess the ultimate library with Scribd. | Seve] RIGHTS OF AN ARRESTED PERSON IN INDIA grounds of his/her arrest without any delay. Even Article 22(1) of the Consitution extends Protection to arested person and states that no person who is arrested shall be detained in custody without being informed of the grounds for such arrest. Timely intimatc of the grounds of arrest is imperative in order to avoid any mistake or misunderstanding (if any) committed by the aresting authority, accused subsequently moves such application for transfer of his case to another court the same ‘must be transfered, However, the accused has no right to select or determine by which other ‘court the ase i to be tried. Firstly, according 1 Section 50(1) CrP. “every police offier or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is amested or other grounds for such arrest.” Secondly, when a subordinate officer is deputed by a senior police officer to arrest a person under Section 55 Cr.P.C, such subordinate officer shal, before making the arrest, notify to the ppetson to be arrested the substance of the written order given by the scnior police officer specifying the offence or other cause for which the arrest isto be made. Non- compliance with this provision will render the arrest illegal. Thirdly, in ease of arrest to be made under a warrant, Section 75 Cr.P.C*, provides that “the police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and if'so required, shall show him the warrant.” Non- compliance with this provision will render the arrest illegal Indian constitution has also conferred on this right the status of the fundamental right. Article 22(2) of the constitution provides that “no person who is arrested shall be detained in custody without bein informed as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by a legal practitioner of his ch ‘The right to be informed of the grounds of arrest is a precious right of the arrested person’, © Criminal Procedure Cod, 1908 1 5 Dryer Vali book tite “rights of accused in criminal wall published by Gogia law Agency. Hyderabad, (2003) crc Scanned with CamScannerAccess the ultimate library with Scribd. em = §§ SCRIBD ( Search Q _ Seva RIGHTS OF AN ARRESTED PERSON IN INDIA. Timely information ofthe grounds of arrest serves him in many ways. It enables him to move the Proper court for bail, or in appropriate circumstances fora wrt of habeas corps, or orto make expeditious rangement forhis defence. In re, Madhu Limaye? the facts were: Madhu Limaye, Member of the Lok Sabha and several other persons were arrested. Madhu Limaye addressed a petition in the form of a eter tothe ‘Supreme Court under Anicle 32 mentioning that he along with his companions had been arrested but had not been communicated the reasons or the grounds for arrest, One ofthe contentions raised by Madhu Limaye was tat there was a violation ofthe mandatory provisions of Aticle 22 (1) ofthe Constition. The Supreme Court observed that Article 22 (1) embodies rule which has always been regarded as vital and fundamental for safeguarding personal liberty in all legal systems where the Rule of Law prevails. The court further observed that the two requirements of Clause (1) of Article 22 are meant to afford the ealiest opportunity tothe arrested person to the minds of the arresting remove any mistake, misapprehension or misunderstanding authority and, also to know exactly what the accusation against him is so that he can exercise the second right, namely of consulting a legal practitioner of his choice and tobe defended by him. ‘Whenever that is not done, the petitioner would be entitled toa writ of Habeas Corpus directing his release, Hence, the Court held that Madhu Limaye and others were entitled tobe released on | this It appears reasonable to accept that grounds of the arrest should be communicated to the arrested person in the language understood by him; otherwise it would not amount to sufficient Antcle 22(1) compliance with the constitutional requirement. The words “as soon as may bi would means as carly as is reasonable in the circumstance of the case, however, the words “forthwith” in Section 50(1) of the code ereates a stricter duty on the pat of the police officer making the arrest and would mean “immediately”. If the arrest is made by the magistrate without a warrant under Section 44, the case is covered neither by any of the section 50, $5 and 75 nor by any other provision inthe code requiring the magistrate to communicate the grounds of arrest tothe arrested person. The lacuna in the code, however, will not create any difficulty in practice as the magistrate would still be bound to state the grounds under Article 22(1) of the igs ameat crPC Scanned with CamScannerAccess the ultimate library with Scribd. _.| SENG) RIGHTS OF AN ARRESTED PERSON IN INDIA Constitution, ‘The rules emerging from decison such as Joginder Singh v. State of U.P", and D.K. Basu v, State of West Bengal” have been enacted in Section S0-A making it obligatory on the part of the police officer not only to inform the friend or relative ofthe arrested pers te. but also to make entry in a wegister maintained obligation to sati ‘on about his arrest {Information Regarding The Right To Be Released On Ball ‘Any Deson who isto be arested without a warant and isnot accused ofa non-bailable offence ‘aso be informe by the police officer that eis ented to be released on bail on payment of ‘he surety amount. Ths helps persons who are asta for bailable offences and are not aware of ther right to be released on bail Right To Be Taken Before A Magistrate Without Delay Regardless of the reality, individual who is making ‘Meer immediately, Further, the captured individual must be limited in police headquarters just ‘nto place else, before ting him tothe Magistrate. These ‘matters have been given in Cr.P.C. tnder section 56 and 76 which areas given beneath: and Judgement, Eastern Book Company 994 AIR 1349 "Dr. Ashutosh, Right of Accused, Universal Law Publishing, 2000 S—S—— Scanned with CamScannerwith Scribd. Access the ultimate library eee x i Saved RIGHTS OF AN ARRESTED PERSON IN INDIA Section 76 of Cr.P.C. states that "Individual captured to be brought under the steady gaze of | Court immediately The cop o other individual executing a warrant of capture the arrangements of scction 71 as to security) immediately brin the steady gaze of the Court before which he is required by law to ereate such individual”, the individual captured under Further, it has been specified in the stipulation of Section 76 that such postponement should not I for the trip surpass 24 hours regardless. While figuring the day and age of 24 hours, the 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 authorities from separating admissions or convincing a man to give data. ith a view to dispose of the likelihood of police On the off chance that the police authorities neglect to create a captured individual before an officer inside 24 hours of the capture, the police authorities should be held blameworthy of ‘wrongful confinement"? ‘The right to be brought before a magistrate within a period of not more than 24 hours of arest hhas been ereated with a view= i, To prevent arrest and detention for the purpose of extracting confessions, or as a means of compelling people to give information; ii, To prevent police stations being used as though they were prisons, a purpose for which they ‘ae unsuitable; In a case of Khatr(II)v. State of Bihar , the Supreme Court has strongly urged upon the state and its police authorities to ensure that this constitutional and legal requirement to produce an arrested person before a Judicial Magistrate within 24 hours of the arrest be serupulously observed. This healthy provision enables the magistrate to keep check over the police investigation and il is necessary thatthe magistrates should try to enforce this requirement and where itis found disobeyed, come heavily upon the police. If police officer fails to produce an arrested person before a magistrate within 24 hours of the arrest, he shall be held guilty of wrongful detention. In a case of Poovan ¥. Sub- Inspector of Police! it was said that whenever a complaint is © BHAGWATLP. N., Human Righs and Democratization of Remedies: Indian Bar Review(1983) 1993 CriLJ 2183, Scanned with CamScannerwith Scribd. Access the ultimate library ae = A Saved RIGHTS OF AN ARRESTED PERSON IN INDIA received by a magistrate that a person is anesed within his jurisdiction but has not been produced before him within 24 hours oF a complaint has made to him that a persoa is being detained within his jurisdiction beyond 24 hours of his ares can and should call upon the police officer concerned; to state whether the allegations ate true and if so; on what and under whose custody; he being so helped. If officer denies the arrest, the magistrate ean make an Inquiry imo the issue and pass appropriate orders, Right to consult a legal practitioner Each individual wh decision, This has been cherished as a key appropriate in Amicle 22(1) of the Constitution of India, which cant be denied regardless. Section $0(3) of the Code additionally sets out thatthe individual against whom procedures ar started has a privilege to be protected by a plead of his ‘ecision. This begins starts when the indi captured has a privilege to counsel his very own legitimate professional Section 303 additionally gives that any individual against whom procedures are established ‘unde the Code may of right be shielded by a pleader of his decision, The privilege of captured individual to counsel bis legal advisor starts from the snapshot of his capture. 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. Section $7 of Cr.P.C. gives "No cop should confine in authority a man captured without warrant fora more drawn out period than under every one of the conditions ofthe ease is sensible, and such period might not, without an uncommon request of a Magistrate under section 167, surpass {twenty-four hours selective ofthe time important forthe voyage from the place of capture to the Magistrate's Cour, Amicle 2(1) of the Constitution gives: “Each individual who is captured and Kept in ‘guardianship might be delivered before the closest judge with atime of twenty-four hours of such capture barring the time fundamental forthe excursion fiom the place of capture tothe cePc —_—_— Scanned with CamScannerAccess the ultimate library with Scribd. Wi Saved RIGHTS OF AN ARRESTED PERSON IN INDIA ‘court ofthe officer and no such individual should be confined in care past the sad period without the expert ofa justice, Fora situation of capture under a warrant the stipulation to section 76 gives a comparable run in substance. The Supreme Court has firmly encouraged upon the State and its police experts 10 {Guarantee that this sacred and legitimate prerequ tured 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. Right To Silence ‘The “right to silence” has been derived from common law principles. It means that normally courts or tribunals should not conclude that the person is guilty of any conduct merely because the has not responded to questions which were asked by the police or by the court. The Justice Matimath Committe in its report was of the opinion that right to silence is very much needed in societies where anyone can be arbitrarily held guilty of any charge. As per the law of evidence, ible in a court of law. Right to any statement or confession made toa police officer isnot ad silence is mainly concemed about confession. The breaking of silence by the accused can be before a magistrate but should be voluntary and without any duress or inducement!* [As pet Article 20(3) of Constitution of India guarantees every person has been given a right against selfinerimination, it states that any person who has been accused of any offenee, shall not be compelled to bea witness against himself. The same was again reiterated by a decision of ‘Supreme Court in the ease of Nandini Sathpathy v. P.L:Dani’; wherein it was held that no one ‘can forcibly extract statements from the accused and thatthe accused has the right to keep silent uring the course of interogation (investigation). The Supreme Court again in the year 2010, SERVALIL M, The constitutional lw of dia, 3x edition, 3 vols Tripathi Bombay 1978, 1978 AIR 1025 crPC ————— Scanned with CamScannerAccess the ultimate library with Scribd. Noida 11AM-10PM RIGHTS OF AN ARRESTED PERSON IN INDIA held that narco-analysis, brain mapping and lie detector test are in violation of Article 20(3) of the Constitution of Inia!® Right to be examined by medieal practitioner Section 54 of Cr.P.C. enumerates this right. It states that Section $4 of Cr.P.C:- “Examination of arrested person by medical practitioner atthe request of the arrested person- When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his ‘detention in custody 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, i requested by the arested person. 50 10 do direct the examination of the body of such person by a registered medical prattionse lnfess the Magistrate considers thatthe request i made forthe purpose of vexation or delay of for defeating the ends of justice.” * Baa ME rn of Han Ris in Cine Adiisrion. Deepa Dep Picton, New Dethi, (1989) crPe Scanned with CamScannerserene Oat ma Ra yg is “ecm trade aa, Ewe tte ae YF Daychic renal trie, ‘stmaspherie pressure, environmental coercion, ‘hing iergatives, potty, overheating ‘and intimidatory methods and the like. ae wherein the question War Whether involuntary adminseaton of sckenfe tecniues munely Naso Polygraph (ie Detector) test and Brain Electical Activation Profile (BEAP) tet violates the right against self incr was held that tion” enarerated in Amticle20(3) ofthe Consiation. In answer it 's also a reasonable restriction on “personal liberty’ as understood inthe ‘ontext of Anite 21 ofthe Constitution. Following observations were made in his lanenark AR 195456300 «107 Se 3s Fixderma Vitamin C Face Cleanse!” with Ascorbic Acid | facewash... fy Save 10% ESTEE RMA 2221.00 3245.09 Scanned with CamScannerMONEY Back IETHE LAST BALLISA. BOUNDARY unissiood by him; obwise it WOU! na amowmt to sufcent canplane wih ‘constitution requirements. 25 RIGHT TO BE DEFENDED BY ALAWYER Ws one ofthe fundamental rights enshrncd in our Consittion. Anisle 22 (1) of the Constitution provides that no person who is ures shal be devid the right to consult and to be defended bya legal practitioner of hs cholce. The right ofthe accused to have a counsel of his choice is fundamental and essential to fir trl. The righ ie eecogized Scams of the obvious fact tht onary am accused peron does ot hve the haowlege of thw and the professional kill to defend himse before a cont of law whetcin the prosecution is conducted by a competent and experienced prosccuo. This has been expresed by the ‘Supreme Court of America in Rowell. Alabama! The Cour serve tat “The riht tobe ‘ard would be in many cases of itl avail it dno comprehend the right abe hean by ‘counsel, Even the intelligent and eduestd layman his small and soicties no skill inthe ‘science of law. If charged with erime, he is ineapable, generally. of determining for himsetf ‘whether the indictment is good or bad. 1 i unfamiliar withthe rues of evidence. Left without the ad of counsst he maybe pat on wal without a proper charge, and convicted upon ‘incompetent evidence, or evidence irlevant to the issue or ori inndisisble. He lacks both the skill andthe knowledge adsqutely to prepare his defence, even though he has a Perfect one, He requte the guiding hand of conse at every step ofthe proceeding aginst him. Without it though he be not gui he faces the danger of conviction because he docs ‘ot know how to establish his innocence that be true of men of intelligence, owe mech ‘ore true sit the ignorant andiliterate those of Feeble ill. ‘The Criminal Procedure Cods has specifically recognized the right of «person aginst whom ‘Proceeding reise tobe defended by acount, Acconing lo Section 303 of ein Procedure Code, any person acused ofan offence before criminal coun, of sgins whom rocceings ar insted, may of right be defended by a pleader of his choice. {In Husssainara Khatoon (IV) v. Home Secretary, State of Bihar ,the Supreme Court has ‘explicitly observed a follows: * (imo rsce oe niPate Fixderma Vitamin C Face Cleanse. with Ascorbic Acid | facewash... AX, Save 10% IX 6 DERMA 2221.00 2245.00 Scanned with CamScannerREEVE “The right to free legal services is, therefore, elearly an essential ingredient of i ngredient of “reasonable, fair and ust procedure fora person accused of an offence and it must be heli Inplici inthe guaranice of Article 20, Ths ia constitutional right of every accused person who is unable t engage a lawyer and secure legal services on account of reasons such as poverty indigence or incommunicado situation and the State is under a mandate 1 provide a Taveyer to an accused person ifthe circumstances ofthe case and the needs of justice so required, provided of course the accused person does not object to the provision of such te tis now therefore clear that unless refs, lure to provide legal aid to an indigent aeused would vitiate the trial, entailing setting aside of conviction and sentence." The ri begins from the moment of ames i.e pretrial stage. The areste can also have consultation with his, fiends or relatives. a ISON ARRESTED TO BE PRODUCED BEFORE THE MAGISTRATE Article 22 (2) ofthe Constitution provides that an arrested person must be taken to the Magistrate within 24 hours of arrest mila provision has been incorporated under Section 56 of Criminal Procedure Code. A police officer making an arrest without warrant shal without unnecessary delay and subject tothe provisions herein contained as to bail take or send the person arested before a Magistrate having jurisdiction in the case, or before the coftece| charge ofa police station. 2.7 PERSON ARRESTED NOT TO BE DETAINED FOR MORE THAN TWENT} FOUR HOURS Section $7 of Criminal Procedure Code provides that “No police officer shall detain in custody a person arvested without warrant for a longer period than under all the circumstances ofthe case is reasonable, and such period “shall not, in the absence ofa special order of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary forthe journey from the place of arrest to the Magistrate's Court.” T Sin baw Un Teor f Armchl Pres (1986)2 SCC401 w|Pase > Fixderma Vitamin C Face Cleanse. | with Ascorbic Acid | facewash... ey Save 10% EERE RMA 2221.00 2245-00 | Scanned with CamScannerThe White Teak Noida Store } x © ~~ The White Teak Company x AEE “The right has been farther strengthened by i incerporaton in the Constitution 2s @ fundamental iht. Atle 22(2) ofthe Cnstintion proves: very perm who is ares and detained in custody shal be produced fore the ur hours of such arrest excluding the tine nearest Magisate within a period often fo cesar forthe journey fromthe place oferest othe ert ofthe Magistrate and no such person shall be detuned in custody beyond the sail period withow the authority of Magistrate.” In case of arrest with a warrant, the proviso to Scetion 76 ofthe Criminal Procedure Code iar rus in subsance, This provision contined in section $7 of Criminal provides a Mita Procedure Cade enables the Magistrates to keep a eheck over the ple iavestization police office fils o produce an arsed person before a magistrate within 24 hous ofthe rest he sal beheld guilty of wrongful detention” 228 INFORMATION OF ARREST TO A NOMINATED PERSON ‘Te rales merging from decisions such as Joglnder Singh v. State of U.P." ond D.K Bast State of West Bengat” have Been enacted in Section $0.4", Sesion $0-A of Criminal Procedure Code provides (1) Every police officer or other person making any arest under this code shall forthwith give the information regarding such arest a place where the arrested person is ‘being held to any of his fiends, relatives or such other persons as may be disclosed ot omsinate by the arrested person forthe purpose of giving sch information, (@) The Police Oice shal inform the artested person forthe purpose of giving such information of his right under Sub Sction (1) soon athe is brought to pie station, (3) An enty ofthe oct sto who has been informed of hearst of such person shall be fa abook o be kept in the police sation in such frm as may be prescribed in this bebe bythe State Government. Tama cames ma me SI ant Bn ‘wn ace ate tears =e “ i 8% wer g Gz i a , a Refuse To Choose Scanned with CamScanner«© In-store shopping x v In-store pickup e@ xe REE (4 n sta be he duty of Magistat Before whom sich aesed person is proceed, 12 sasty imme thatthe requirement of sub-section (2) and Sub-Ssetion (3) have been complied with in respect of such arrested por “These sights ae inhercat in Article 21 and 22 ofthe Constitation and are require 10 be ognized and serupulosly protested 29 RIGHT TO BAI cil tothe accused asthe consequences of pre-trial detention ae fe would mean tha though he is presumed tobe innocent “The release on bul is grave I lease on bails denied, ti proven guilty. “Justice Krishna Iyer ally remackd that “the ise of bail sone of liberty, justice, public safety and burden of pubic rasa al of wick nist that a developed jurisprudence of all ts integral oa sxiely enticed jc proess” Maintaining that she ae anja an exzeption, sd that epeivaton of libeny must be conslered a ponistment the Supreme Court has ime and again “There is no definition of bil in the Criminal Procedure Code, although the terms “ailable offence” and ‘non-bilable offence” have boon defined in section 2(2)Cr.P.C. Bail has been Asfincdin the law lexicon a security forthe appearance of the accused person on giving which he is elcased pending tio investigation. tn Hessaivara Kheton v State of Bihar, Sostice Bhagwati found tha the unforturat under val languished in prisons nt because they were guilty but because they Were f00 poor to afford bail He thus ordered the release of persons whose period of imprisonment had exceeded the period of imprisonment for their offences He brought into Focus the failure of the Magistrates to respect section 167(2) ofthe Criminal procedure Code which entitles an ner tril to be released fom prison on the expiry of 60 days o 90 days as the ease maybe In Sant Bie» Sate of Bikar, the Cour recognised the inequitable operation ofthe lw and condemned it-"The rule of lw doesnot exist merely for those who have the means o fight {orth ights and very often for perpetuation of stats quo but it exists als forthe poor and isce 20 as|Page Refuse To Choose oe Rowen e Scanned with CamScannerNoida OPEN |11AM-8PM Unit No 3D-59M, HSSC. @ S the downtrodden and itis the solemn duty ofthe Court to protect and uphold the basic human rights ofthe weaker sections of society.” In Mantoo Majumdar». State of Bihar the Apex Court once again upheld the under trials’ right to personal liberty and ordered the release of the petitioners on their own bond and without sureties as they had spent six years awaiting their tril, in prison, [Besides the constitutional provisions, the provisions of CrP.C. also need to be discussed fora better understanding ofthe bail provisions which ae as under: > Ball In Ballable Cases: Section 436(1) affirms the right of a person accused of a bsilabte-offence to be released on bal. The section makes it clear that when any person accused of a bailable offence is arrested or detained without warrant, and is prepared at ‘any time while i the custody of such officer of at any stage ofthe proceeding before sch Court to give bail such person shall be released on bail ‘The words ‘shall be released on bil’ denotes that itis mandatory upon the Magistrate to give bail. He would have no discretion to impose any conditions, the only discretion that islet in him is s to the amount of the bond or whether the bail could be on his bond or with sureties. [Besides that the proviso to section 436(1) makes provison forthe bail ofan indigent person stating that ifsuch person is indigent and in unable to furnish surety, instead of taking bail from such person he may, and shall be discharged on his executing a bond without sureties for his appearance. Moreover for the definition of the term ‘indigent the explanation Provides that where a person is unable to give bail within a week of the date of arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person forthe purposes ofthis proviso, > Ballin Non: lable Cases: Bail, in non-bailabe offences, is nota matter of right ofthe accused person, Scetion 437 of the Code of 8s regards bil incase of non-bailable offences, tating that the Magistrate may release an accused on bal, if such accused appears before the Magistrate, inal Procedure envisages the provision ‘The proviso provides for some special considerations while granting bail in such cases like: 3 Jono AIR 847 16 [Page Scanned with CamScannerThe White Teak Noida Store > > ‘The White Teak Company -... {Li MIGHT TO GET COPI'S OF FOLICE REFORT AND OTHIK DOCUMIESTS| xO Asn Sin 297 il rn Coe mate kan impeine hy ihe a fi cape ef tame ae th pie ce dower pny te ron Te jt ef eng ed ee" Teh ote be eee ese omen ine scm ee sepia ofthe tec hs ee ahr fn an abe ee tice wt xin sid by ple se aly ee mo ae tesa yh ti, Tact ae igen ei aed y Seton 207 nit! Pcie Cok ang te apf copies WU te we in ch cc inte tee fry tinny ny eae Wa ant when pe ‘ete ewes prin fe MH mien cose hii Se eel ee bil fri dtc, clay when eee alee ri ‘ent A hemi Se 20 Ci Cae _ pS pee tS 07 iid Pe (Cane acca of ep pb repr a ete doamens md spl fo sce to cumrss medi hr ee iy Co of Sei eect ol te i commencement Be peso Soon 21 of inal Pred ei tye ht a ob names etree CORN tata eee SS rie yc Bee een ioener tremens tengo timc hy OEE ceyseaeent eee EATER Satan avanti sonoma oid Ce maser Can be wes one eet ao entice te prin aon ccc! vam bt i et aera iagaelatspebhtevontoees ee “Lin WIGHT 10 CHOSSEXAMINE PROSECUTION, WITNESSES AND ee pene ay vee ge ona it bm rnc rl wi ore sel pre i era ret weak fou und aan be consid oe wi” Focene epi den ek dso anny hat hry asco it ae aii feu! i ciation me, ow sone s8€7 festa a nr A he Soon scan cesta vote mec a ines ope fom be ete het of peso hs numa od ela i The it cosas ‘rau gt ey emery ere Scanned with CamScannerThe White Teak Noida Store ® x = The White Teak Company --- xO 6} SCRIBD ( Search Q lll REEVE on oIHe UIpeHee WIHT EUNDUMIIES 11} —erenuaone meray prone IME Y EEO “finality, can be averted. 2.18, COMPENSATION FOR WRONGFUL ARREST fo compensation for groundless arrest, Section 358 of the ‘The accused persons have a right t to Criminal Procedure Code empowers the court to order any person fo pay compe h other person wrongfully. Usually it ensati nother person for causing a police officer to arest such investigates and makes the arrest and the complainant is rather indirect or remote. For applying tall ean is the police officer who i be considered to have a nexus with the arrest, Section 358 some direct and proximate nexus between t should be something to indicate thatthe informant caused the complainant and the arrest is required. Ithas been held that there the arrest of the accused without any suficient grounds tn Nitabati Behara v. State of Orissa, Justice J.S. Verma stressing the right to remedy in ross violation of fundamental rights and referring to Article 9(5)” of the CCPR held that anyone who has been vetim of n unlawful detention or arrest shall have an enforceable right tocompensation In Bhim Singh vs. State of J & K & Ors.", the Apex court held that hokling illegal detention in potice custody ofthe petitioner Bhim Singh is violative of his rights under Anicles 21 and 2 32 directed the State to pay monetary compensation. ofthe Constitution, and in exercise ofits power to award compensation under Article In Rudat Shah “case, it was held that a claim for compensation for contravention of human rights and fandamental freedoms, the protection of which is guaranteed inthe Constitution is an acknowledged remedy for enforcement and protection of such rights, and such a claim is based on strict lability made by resorting to a constitutional remedy provided for the enforcement of a fundamental right “The Supreme Court has held in its various judgments that i s imperative to state that ti the sacrosanct duty of the police authorities to remember that a citizen while in eustody is not en #1995 AIRSC 1960 © Anil 93) of nternatonal Covenant on Ci pd Polis Rights Anyone who hasbeen the victim of nll resto tention shall have an enforceable ight to compensation. STAIR 1980 SCP dal Shah State of Bihar 1983 AIR 1086 [Pace Scanned with CamScannervY In-store shopping } x v In-store pickup ee DONC MATEY W ‘The ‘right to silence’ has its origin from common law principles. So in general sense the courts or tribunals should not conclude that the person is guilty of any conduct merely because he was not responding to questions which were raised by the police or by the court. Even the Justice Malimath Committee in its report opinioned that right ta silence is a much needed concept in societies where anyone can arbitrarily be held guilty of any charge. Right to silence revolves around confession basically. Also since according to law of evidence, any statement or confession made to a police officer is not admissible in a court of law, it needs to bbe observed that in case the accused confesses infront of the magistrate then such confession should be voluntary. Article 20(3) of Constitution of India guarantees every person the right against self-incrimination, and it has been stated under this article that no person, who has been accused of an offence, shall be compelled to act as a witness against himself. This same rule has been reiterated by a decision of Supreme Court in the ‘case of Nandini Sathpathy v. P-L.Dani and it was held by the court in this ease that no one can foreible extract any statement from the accused and no matter what, the accused has the sole right of being silent during the course of Westigation and interrogation. twas held by the Supreme Court again in the year 2010 that narco-analysis, brain mapping and lie detector test are in violation of Article 20(3) of the Constitution (of India and that by administration of these tests, forcible intrusion into a person’ ‘mind is being conducted which further nullifies the validity and legitimacy of this right, Right To Know The Grounds of Arrest 1. According to Section 50(1) of Cr-P.C., an accused who is being arrested by any police officer, without any warrant, has the right to know the full particulars of offence for which he is being arrested, and so it’s the undeniable duty of the police officer to inform the accused of the particulars. 2. Under section 55 of Cr.P.C., itis the right of the accused to know in case of being arrested, the written order against him, specifying the offence or other cause Scanned with CamScannerWy AISA iy irae o =. Exclusive Collection * x The White Teak Company... =; Download now) W Right To Know The Grounds of Arrest, 1. According to Section 50(1) of Cr.P.C.,an accused who is being arrested by any police officer, without any warrant, has the right to know the full particulars of offence for which hei being arested, and so i's the undeniable duty of the police officer to inform the accused of the particulars. 2. Under section $5 of Cr.P.C., i isthe right ofthe accused 10 know in ease of being arrested, the written order against him, specifying the offence or ther cause {for which the arrest is being made. The arrest will be illegal in case of non ‘compliance of this provision 3. In ease when the person is being arrested under a warrant, then according to Section 75 of CE.P.C, any person who is executing such warrant must notify the person who is being arrested, the content of such warrant, or show the warrant if requited. [Funder any circumstance the substance ofthe warrant is not notified, the arest would be unlawful 4. The constitution of India recognises this as fundamental right also, Under Article 22(2) of the constitution it has been said that person who is arrested shal not be detained in custody without being informed as soon as possible of the grounds for whieh such arest nor shall he be denied the right to consult, and to be defended by a legal practitioner of his choice. ‘The rules regarding this were upheld in the eases of Joginder Singh vs. Sate of U.P. and D.K. Basa vs. State of West Bengal, that i is mandatory under Scetion '50-A on the part of the police office to not only inform the fiend or relative of the arrested person about his arrest ete. but also fo make an entry about the same in the register maintained by the police. It isthe duty of the magistrate to satisfy himself about the compliance ofthe police in this regard Informing regarding the right tobe released on bail [is tobe seen that any person who is to be arrested without a warrant and who is accused of bailable offence that he be informed by the police officer about his right regarding tobe released on bail by payment ofthe surety amount. $3 SCRIBD Read or listen anytime, anywhere. tots Geet el Es strepreniur Scanned with CamScannercfekal 5) _ Exclusive Collection @* The White Teak Company. ik) MACE W 6 of CrP. states that the person who is arrested is required tobe taken before a magistrate or officer in charge of police station. Also in cases where the police officer makes an arrest without warrant, then in such case the arrested person shall be taken tothe magistrate with competent jurisdiction or before the in charge of police station without any delay. Section 76 f Cr.P.C, sates that the arested person nceds tobe bought before the curt without any unnecessary delay. In accordance with the provisions of section ‘71 in regard with the police officer or other person executing a warrant of arest, they shall without unnecessary delay and due to security purposes bring the person arrested before the Court before which he is required by law to produce such person thas also been mentioned in the provision of Section 76 that in any ease that such delay shall not execed 24 hours. Inthe process of ealeulatng the time period of 24 hours, the time necessary for the joumey is to be excluded. The reason behind ercating this righ i to eliminate the possibility of police officials from extracting confessions or compelling a person to give information. Incase of failure of production of an arested person before a magistrate within 24 hours of the arrest, the police officials shall be held guilty of wrongful detention. Rights at Trial RighttoA Fair Trial Right to equality has been granted under article 14 ofthe constitution, Ithas been provided under the Code of Criminal Procedure that for atrial to be fir, it must bbe an open court trial. In order to prevent secret designing and obtaining of convictions this provision has been designed. The trial can be held in eamera as ‘well in certain exceptional conditions. Right toa speedy trial §} SCRIBD &3 SCRIBD Read or listen anytime, anywhere. Ose Scanned with CamScannerwith Scribd. Access the ultimate library mie x = Bia ‘Information Regarding the Right to Be Released On Ba Seeton (2) CPC. provides that where a pli oficer arests without warat any person ‘ter than a person aceused of non: bilble offense he shall inform the person arrest that he ‘senile to be released in ail that he may arange for srstics on his" This wil ean be of ‘ep to persons who may not know shou thei rights to he leas on bil in case of tailable coffees Axa onscquencs, this provision may in some small measures, iyprove the reams of ‘the people with the poi and rtuce discontent aginst them 4. Right ofan arrested person tobe taken before a magistrate without delay Its the dty ofthe aushorized person making an rest that the arrested person be bought bene judicial officer without any unnccessry delay, no mater how thea is made with or ‘without a warrant, Alomg with his provision i has toe Seen hit the sree person shouldbe ‘taken and confine in police tation only and no othr place. The same fas ben tte in sation $6 and 76 of CEP. Section $6 of CEP. states that the person who sees is required io he taken before a ‘magistrate or ocr harp of the police station. Als in eases where he police oficer makes ‘atest without warrant, thm in such em, the arrested person shall be taken t the magistrate ‘with competent jurisiton or before the in charg ofthe police sation without ay dla. Section 76 of CrP. tates tat the aes person needs tobe bought before the cout without any unnecessary delay. In aecordance with the provisions of ction 7 in regard to the pice officer or other person executing a waratof atest they stall without unnecessry day and ue to security parposes ring the person aeied before the Court before which he is equred by Law to preaace suc person, Iu hacalso heen mentioned in the provision of Seetion 76 that in any case hat sac delay shal snot exceed 24 hours. Inthe proces of elcuating he ime period of 2 hous, the time necessary forthe journey it be exchided. The reason behind creating this ight ist limite the possiiliy of police offi from eutrating cofession o ompeling perso o give information. ‘Right of Not Blog Detained For More Than 26 Hours without Judicial Serutiny ‘Water the arest is without a warrant or ner a warrant the ares person st be bought hous, Section $7 provides flows ocean twenty-four hours: No ple oie shal detain in cusody a penon arrested without warrant for longer prio than under al te ieumstanees before the magistrate or court within 24 57. Peron ates not to be detain e ni e 7a § SCRIBD Read or listen anytime, anywhere. lions 4 iB Read free for 30 days nitrepr Gita | page Scanned with CamScanner