Every born human has some basic rights like the right to life, equality, freedom, education, freedom of religion and many more. Such rights of an individual do not work if he is arrested by the police after committing a crime. However, the Constitution of India also provides some rights to a person in custody.
A police officer can stop you on the street due to three major reasons:
1- The officer wants to make conversation, ask about a particular incident you witnessed.
2-The officer investigates you due to some possible reason either your connectivity with a current crime, some clue or some witness
3- The officer has the legal authority to arrest.
In all three conditions, you have the authority to ask the officer why you are being approached, investigated or arrested.
Possibilities you have after being arrested
If you are arrested, an officer can release you by sending an appearance notice written on paper. In that paper, you get the date and place you need to appear before the court. Such appearance notice is provided to you only in a situation when the officer believes that you will create no danger to society.
Here are the reasons why police officers can arrest you:
1- An officer saw you indulged in a crime
2-There is suspense you have committed a crime
3-You are responsible for breaking any city, state or country law
4-If you don’t tell the police your name and address
5-When police think you are a threat to the society, either due to the criminal mindset or a mental disorder
6- You are responsible for breaching the peace
7-You are supposed to commit terror or declared as a terrorist
8-If you are drunk in public.
Rights of an arrested person
1-Right to know the reason for the arrest
- Article 22(1)- Before arresting police officer will have to inform the reason for the arrest
- Section 50-Informing the reason of arrest to the accused is the duty of police if he is arresting without warrant.
- Section 50 A-It is compulsory for police to inform the relatives or friends of accused
- Section 55-Crime and the grounds of arrest must be informed
2-Right to be taken ahead of magistrate without delay
- Article 22(2)- The arrested person should be taken in front of the magistrate within 24 hours
- Section 55-If a person is arrested without arrest warrants, then he should be presented ahead of the magistrate as soon as possible.
3-Right to get a release on bail
Section 50(2)-The arrested person has the right to get released on bail or inform the police of his right as arresting without a warrant is a non-cognizable offence.
4-Right for a fair trial
Article 14-The article 14 of the constitution of India defines every one is equal before the law, therefore all sides should be given equal treatment while resolving a legal dispute.
5-Right to consult a lawyer
Article 22(1)-An arrested person has the right to hire his own lawyer to defend him in court.
Section 41D-An accused in prison has the right to consult their lawyers during their conversation.
Other than this, the arrested person has Right to free legal aid (Article 39(A) &
Section 304), Right to keep quiet(Article 20(2)) and the Right to be examined by a doctor(Section-54).
Hope, this article on civil rights of an individual while being arrested is understood. For Daily legal updates or law news, keep visiting Indialegal website.
Published by India Legal