The Bhartiya Nyaya Sanhita , 2023 and, The Bhartiya Nagarik Suraksha Sanhita (BNSS),2023 define various offences and the procedure for their conviction. These Acts do not mention the rights of an arrested person in anyone particular section. It should interpret them through various sections. The Indian Constitution grants us various fundamental rights. The arrested persons are also the citizens of India, and they too should avail them. The arrested person is not the convicted person. Therefore, one should not construe his fundamental rights before his conviction.
Rights
The rights of an arrested person are as following as : –
Rights to Remain Silent The arrested person has the right to remain silent during interrogation He cannot be compelled to say anything in favour of or against himself. According to Article 20(3) “No man accused of any offence shall be compelled to be a witness against himself.”
The doctrine of Self Incrimination also states three things:
- The accused is presumed to be innocent.
- It is for the prosecution to establish his guilt.
- The right that one cannot detain someone for over 24 hours without judicial scrutiny
As per Section 58 of the Bhartiya Nagarik Suraksha Sanhita 2023, any person who has been arrested without a warrant shall not be detained in police custody for over 24 hours excluding the time necessary for the journey from the place of arrest to the Magistrate’s Court, unless special orders have been passed by Magistrate under Section 167 [procedure when investigation cannot be completed in twenty-four hours].
Right to know the grounds of arrest
The right to get information is a fundamental right. The police should inform the arrested person about the grounds for detainment. As per Section 48 of the Bhartiya Nagarik Suraksha Sanhita 2023, any person who has been arrested without a warrant should know the full details for which he is being arrested or other grounds for such arrest.
Right to get bail
There are many types of categories of offences; one of them is bailable and non-bailable offences. The arrested person has the right to get bail in bailable offences. Moreover, As per Section 48 of the Bhartiya Nagarik Suraksha Sanhita 2023 if any person is arrested without a warrant in bailable offences, the police officer has the duty to inform the arrested person that he is entitled to be released on bail and that he may arrange for sureties on this behalf.
Right to get speedy and fair trial
Article 21 of the Constitution of India guarantees a right to personal liberty which includes the right to a speedy and fair trial. The state should not keep an arrested person in jail unnecessarily.
Right to Consult a legal Practitioner
As per Section 340 of the Bhartiya Nagarik Suraksha Sanhita 2023 , any person accused of an offence before a criminal court, has a right to be defended by a pleader of his choice. Moreover, As per Article 22(1) of the Constitution of India, an arrested person as the right to know the grounds for arrest and he shall not be denied the right to consult and to be defended by, a legal practitioner of his choice.
Right to be examined by Medical Practitioner
Being healthy is not a right in the Constitution of India but a requirement to encourage the livelihood of humans. Moreover, Section 53 of the Bhartiya Nagrik Suraksha Sanhita 2023,says that, when any person is arrested, he shall be examined by a medical officer in the service of Central or State Government and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made.
Right to inform a relative or a friend
Whenever any difficulty strikes us down, family and friends are the people whom we wish to contact. They are the people for the blessing in disguise. Similarly, an arrested person may inform his relative or friend about the fact, time, and place of the arrest..
If the arrest is invalid on account of breach of procedure or violation of any other right or if the custody is not passed within the framework of the law by a competent magistrate who has jurisdiction over the issue, the person so detained can file a writ of (Habeaus Corpus) under Article 32 or 226 of the Constitution of India. However, it must be noted that a writ does not lie against legal custody, no matter what rights may have been violated before the lawful custody.
We all are social animals and citizens of Indian society whose protection is the responsibility of the police authorities. Moreover, all these rights ensure the protections of accused or arrested ones. However, they may have done an evil deed is the later matter of concern but their safety is the initial one. Further, Any rule that violates these rights would likely be considered ultra virus in the terminology of the constitution.
Conclusion
In conclusion, the rights of an arrested person are essential protections designed to ensure fairness, justice, and respect for human dignity in legal systems around the world.These rights serve to uphold the rule of law, protect individuals’ freedoms, and ensure accountability within legal systems. They are crucial in safeguarding against potential abuses of power and in maintaining trust and confidence in the justice system. While specific rights may vary by jurisdiction, these principles are generally internationally as fundamental to the protection of human rights and due process
BY Prince (Intern)