Q. What are the rights of an arrested Person? (2019, 10 marks)
Q. What are the constitutional and Legal rights of an arrested Person? (2017, 10 marks)
1. Right to silence : Article 20(3) of Constitution of India “No person accused of any offence shall be forced to be witness of himself”
2. Right to know the ground of arrest:
Section 50(1), Section 55 - An arrested person has right to know the ground of arrest in case of arrest without warrant
Section 75 - An arrested person has right to know the ground of arrest in case of arrest with warrant
Article 22(2) - No person should be detained without informing him the ground of such arrest asap nor shall he be denied the right to consult and to be defended by a legal practitioner of his choice.
3. Information regarding the right to be released on bail
Section. 50(2) of CrPC provides that right to be released on bail can be exercised in case of bailable offence only.
4. Right to be produced to a magistrate without delay
Sections 56 and 76 of CrPC
5. Should not be detained for over 24 hours without judicial scrutiny
Section 57 of CrPC
6. Right to a speedy and fair trial
Fair trial - Article 14 provides equality before law
Speedy trial - The SC in case of Hussainara Khatun directed that in case of summary trial, it should be completed by 6 month
7. Right to consult a legal practitioner of his choice
Article 22(1) provides rights to consult a legal practitioner of the arrested person's choice.
8. Right to free legal aid
In Khatri vs State of Bihar, the Supreme Court indicates that right to legal aid is implicit in Article 21
9. Right to consult a medical practitioner
Section 54(1) of Cr PC gives this right
10. Right to produce evidence
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