Rights of an arrested person under CrPC

Rights of an Arrested Person under CrPC

The Code of Criminal Procedure (CrPC) safeguards the personal liberty of an arrested person by laying down clear rights and procedural protections. Arrest does not mean loss of fundamental or legal rights; every arrest must comply strictly with constitutional and statutory requirements.

These rights are intended to prevent arbitrary arrest, custodial abuse, and illegal detention, while ensuring that the investigation is conducted in accordance with law.

Read This : Difference Between Bailable and Non-Bailable Offences

One of the foremost rights of an arrested person is the right to be informed of the grounds of arrest. Under Section 50 CrPC, the police must immediately communicate the reasons for arrest and, in bailable offences, inform the person of their right to be released on bail.

An arrested person also has the right to consult and be defended by a legal practitioner of choice, as guaranteed under Article 22(1) of the Constitution and Section 303 CrPC. While the lawyer may not interfere with questioning, access cannot be unreasonably denied.

1. Right to Know Grounds of Arrest under Section 50 CrPC.
2. Right to Legal Counsel under Article 22(1).
3. Right to Bail in bailable offences.

Every arrested person has the right to be produced before a Magistrate within 24 hours of arrest, excluding travel time, as mandated under Section 57 CrPC and Article 22(2) of the Constitution.

No person can be detained in police custody beyond 24 hours without judicial authorization.

• Protection from Illegal Detention beyond 24 hours.
• Medical Examination at the time of arrest.
• Right to Inform a Relative or Friend about the arrest.

Read This : What to Do Immediately After Arrest

• Section 54 CrPC ensures medical examination of the accused.
• Arrest Memo must be prepared and signed.
• Women’s Safeguards apply during arrest and custody.

Additional safeguards during arrest

The Supreme Court, in D.K. Basu v. State of West Bengal, laid down mandatory guidelines to be followed during arrest, including preparation of an arrest memo, informing a friend or relative, and conducting periodic medical examinations during custody.

Violation of arrest procedures can render the arrest illegal and may expose the police officers concerned to departmental and legal action.

Awareness of these rights empowers individuals to protect their liberty and ensures that criminal law is enforced within the boundaries set by the Constitution and the CrPC.