Rights of an Arrested Person

No matter who they are, all people have the freedom to live their lives as they choose. This means that even if someone is accused of committing a terrible crime, their right to defend themselves is sacred and cannot be taken away. According to Article 1 of the Universal Declaration of Human Rights (UDHR), "All human beings are born free and equal in dignity and rights, and they are gifted with reason and conscience, which should guide how they behave toward one another."

Our Constitution upholds these fundamental human rights. There are limitations on the police's ability to make an arrest because everyone is presumed innocent unless proven guilty. A fair system can only exist if these rights are respected.

What is the meaning of an Arrest?

Anyone who violates the law is typically taken into custody. By "arrest," we intend to take someone into custody for the purpose of denying them their freedom. Additionally, a seizure or forcible restraint can also be thought of as an arrest. Keeping someone in custody by a legal authority, particularly in reaction to a criminal offense, is an exercise of the power to abridge someone's liberty.

An arrest is a crucial weapon in criminal law for bringing a suspect to trial and preventing his evasion of capture.

Types of Arrest

The two categories of arrest are as follows −

  • A detention carried out in accordance with a magistrate's warrant

  • An arrest that was made without a warrant but in line with some legal provision that allowed the arrest.

Procedure of Arresting a Person

There are some procedures under which a police officer is liable to arrest a person −

  • If a person is taken into custody by the police as a result of an arrest warrant issued by a magistrate, handcuffing them is not required unless the magistrate specifically orders so.

  • If a woman is to be arrested, her consent to being taken into custody must be expressed orally; otherwise, unless there is a female police officer present, the male officer executing the arrest must not touch the woman who is to be taken into custody.

  • The police officer or any person involved in the arrest may use all necessary means to carry out the arrest if the person being sought for arrest violently resists or makes any attempt to dodge it.

  • Except in exceptional circumstances, it is against the law to arrest women between the hours of dusk and sunrise. When such circumstances arise, it is the responsibility of the female police officer to file a written report and secure the consent of the judicial magistrate of the first class with jurisdiction over the offense for which the arrest is to be made.

In the well-known case of Kishore Singh Ravinder Dev v. State of Rajasthan, it was claimed that the laws of India, specifically the Constitution, Evidence, and Procedural Laws, have elaborate provisions for safeguarding the rights of accused with the aim of protecting his (the accused's) dignity as a human being and giving him the benefits of a just, fair, and impartial trial. However, it was determined in another significant decision, Meneka Gandhi v. Union of India, that the state's chosen approach must, therefore, be just, fair, and reasonable.

Rights of an Arrested Person

The fundamental rights granted to an accused person in India are outlined in the Indian Constitution.

Such rights are provided by Article 21 of the Indian Constitution. Such individuals must be treated with humanity and in accordance with the law −

Right to Silence

The "right to silence" has its roots in common law ideas. It basically indicates that courts or tribunals shouldn't typically assume that a person is guilty of any behavior just because they weren't asked a question by the police or the court.

According to the Justice Malimath Committee's report, in societies where anyone can be arbitrarily found guilty of any accusation, the right to silence is critically important. Any statement or confession given to a police officer is not admissible in court, according to the rules of evidence. Confession is the main concern of the right to quiet.

Right to know the Grounds of Arrest

According to Section 50(1) of the Criminal Procedure Code, anyone who is being detained by a police officer without a warrant has a right to know the full details of the offense for which he is being detained. The police officer is also obligated to provide the accused with these details and cannot refuse to do so.

According to Section 55 of the Criminal Procedure Code, any police officer who has been delegated to make an arrest of a person must inform the person being arrested of the substance of the written order from the senior police officer outlining the offense or other reason for the arrest prior to making the arrest. If this clause is not followed, then the arrest would be rendered illegal.

Right to be released on bail

Any individual who is to be detained without a warrant and who is not charged with a crime for which a bail bond cannot be obtained must be advised by the police officer that he is eligible for release on bail after posting the required surety bond. This is beneficial for people who have been arrested for crimes for which bail is required but are unaware of their right to release on bond.

Right to be taken before magistrate without delay

This privilege is granted by Section 55 of the Criminal Procedure Code, which provides that a police officer who makes an unwarranted arrest must promptly present the detained individual to the relevant magistrate. According to Section 76, the police officer must do this within 24 hours of the arrest. The arbitrary and premature use of the arrest power is ineffective and violates the Article 21 constitutional right.

Despite the fact that the law is fairly clear, the fundamental rights of the accused are frequently infringed. An explicit obligation to confirm that the arrestee's rights were not violated should be put on the magistrate before whom the arrestee is taken in order to prevent this.

Rights at Trial

There are two types of trial rights −

  • Right to a Fair Trial − The right to equality before the law is guaranteed by Article 14 of the Constitution. According to the Code of Criminal Procedure, an open court trial is required for a fair trial. This clause aims to prevent convictions from being obtained covertly. In some rare circumstances, the trial might be held behind closed doors Constitution. According to the Code of Criminal Procedure, an open court trial is required for a fair trial. This clause aims to prevent convictions from being obtained covertly. In some rare circumstances, the trial might be held behind closed doors. Every accused person has a right to have the court notify him before the beginning of the evidence that he has the right to have his case heard by a different court, and the case must be transferred if the accused makes a subsequent application to have it heard by a different court. However, the accused is not entitled to choose or decide which other court would hear the case.

  • Right to Speedy Trial − The right to a prompt trial is guaranteed under the Constitution. Although this privilege is not expressly specified in the constitution, the Hon'ble Supreme Court of India has interpreted it in the Hussainara Khatoon case. According to this ruling, a trial inquiry must be conducted "as quickly as practicable." The investigation for the trial must be finished within six months in all summons trials (cases where the maximum penalty is two years in prison) after the accused has been arrested, unless the magistrate receives and accepts, with his reasons in writing, that there is cause to extend the investigation.

Right to consult a legal practitioner

Every person who is detained has the right to speak with a lawyer of their choosing.

  • In Article 22(1) of the Indian Constitution, this is recognized as a fundamental right that cannot be violated.

  • According to Section 50(3) of the Code, the person against whom proceedings are commenced has a right to be represented by a lawyer of his choosingd as a fundamental right that cannot be violated.

  • According to Section 50(3) of the Code, the person against whom proceedings are commenced has a right to be represented by a lawyer of his choosing. As soon as the person is taken into custody, this starts. Although the police officer may be there, he cannot hear the lawyer's consultation.

Right to Free Legal Aid

Section 304 of the Civil Procedure Code grants this right. It specifies that the court may name a pleader for the accused's defense at the expense of the state when a trial is held before the Court of Session and the accused is not represented by a legal representative or when it indicates that the accused lacks adequate resources to select a pleader. Even in cases where the accused did not request it, they are nevertheless entitled to free legal representation. An "indigent accused person" is likewise granted this right under Article 39A of the Indian Constitution.

Right against Double Jeopardy

Anyone accused of committing a crime has the right to avoid being prosecuted and punished for the same crime more than once. A person cannot be tried and punished for the same offense again if they are accused of theft and the court sentences them to imprisonment and a fine.

Right to examine by medical practitioner

If the accused individual alleges physical abuse, he shall be made aware of his right to a medical examination under Section 54 of the Criminal Procedure Code.


Human rights must be upheld. Even though it seems so obvious, the police and other people in positions of authority frequently seem to overlook this. The right to life and liberty is violated despite several recommendations that are offered in the Code and reaffirmed in judgments to protect the human rights of the accused. There are still numerous incidents of atrocities and deaths in custody. Therefore, it is imperative that laws be implemented correctly, and those in positions of authority must be held responsible for any improper acts they may have taken against the accused.


Q1. What are major rights that cannot be taken away?

Ans: That is, rights that was bestowed by God and is inalienable. "Life, liberty, and property," according to Locke, are three of these fundamental natural rights.

Q2. What is the most basic right for prisoners?

Ans: All inmates must be treated with the respect that comes from their inherent worth and dignity as people. There may not be any discrimination based on national or social origin, race, color, sex, language, religion, political or other beliefs, property, birth, or any other status.

Q3. What happens when the person is arrested?

Ans: When you are arrested, authorities will take your picture and take your fingerprints. You are still expected to present at your court appearance even if you are released or released on bond during this period. You will next enter a plea of guilty, not guilty, or no contest before the judge.

Q4. What is a right in law?

Ans: Rights are the norm of acceptable behavior within a particular sector. In other words, a right is any course of action that a person may do under the law.

Updated on: 27-Jan-2023


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