In-depth analysis into the right of the criminal and accused

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In-depth analysis into the right of the criminal and accused

Written By: Nikita Mandal


A person in police custody does not lose his fundamental rights and human rights.  Criminal law provides the accused with a lot of protection which is given under the Indian Constitution.  The accused is presumed innocent until proven guilty by the prosecution.  Legal protection is a legal right of the accused which is subject to various provisions of the Indian Constitution as well as criminal law.  These rights are available during trials, arrests, and searches. 

The Criminal Procedure Code, 1973 sets out various rules and procedures that investigative agencies and criminal courts must follow when collecting evidence, interrogating, arresting, examining witnesses, convicting, and releasing an accused.  Defendants have the right to be protected against any illegal and arbitrary arrest by law enforcement.  Under criminal law, police authorities have the power to arrest and investigate an accused person without appearing before a magistrate.

Rights of Accused persons

The Indian Constitution is concerned with democracy and the rule of law, so the idea of ​​free and fair justice is a constitutional commitment for which the principles of criminal law revolve around natural justice, even humane treatment of the accused or convicted person. Defendants are also given certain rights, the most basic of which are enshrined in the Indian Constitution.  An accused has certain rights during an investigation;  The allegations against him must be investigated or prosecuted and he must be protected against arbitrary or unlawful arrest. The right of an accused person allows them to file a bail application to be released from jail custody.

There are three kinds of bail under Indian law- anticipatory bail, interim bail, and bail by a bond. A bail application for normal bail can be filed only in case of bailable offenses. a person can also file an anticipatory bail through his criminal lawyer, before his arrest. The rights of arrested persons include the right to file an appeal against his conviction in a higher court. According to provisions of Section 315 of the Criminal Procedure Code, the accused can be a competent witness for the defense and can give evidence in disproof of the charges made against him or against his co-accused.

Under Criminal Law

Right to know the Grounds of Arrest

As per Section 50(1) of Cr.P.C., where a person arrested without a warrant is entitled to know the full particulars of offense for which he is being arrested, and where a person is arrested with a warrant, he must prove details.

Right to have Bail

Any person who is arrested without a warrant and is accused of a bailable offense has to be informed by the police officer that he is entitled to be released on bail on payment of the surety amount.

Right to get Copies of Documents

The accused has the right to receive copies of all the documents filed by the prosecutor in relation to the case.

Right to be present at the trial

The accused person has the right to be present during his trial and have testimony presented in front of him.

Right to cross-examination

The accused has the right to be cross-examined by the prosecutor to prove his innocence.

Right to Appeal

The rights of arrested persons include the right to file an appeal against his conviction in a higher court.

Right to Humane Treatment in Prison

The accused has a right to have all his human rights when in prison and be subjected to humane treatment by the prison authorities

Case law

In, D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 the Supreme Court

In this case, issued some guidelines which were required to be mandatorily followed in all cases of arrest or detention which include, the arresting authority should bear accurate, visible, and clear identification along with their name tags with their designation, the memo be signed by the person arrested and family member. The family or the friend, whosoever the person arrested nominates, must be informed about the arrest of the accused, The person arrested may be permitted to meet his lawyer during interrogation, though does not have the right to be present throughout the interrogation, etc.


The Law of India was structured in such a way that even if the person accused is found to be guilty by the Court of Trial he/she should not claim that they were not heard properly and provided the equal chance to present themselves. In a Criminal Matter, there are equal rights provided to an accused person for protection against the illegal procedure of investigation and trial. The Constitution of India and the Criminal procedure code both provides a handful of rights to all the persons involved in a criminal proceeding. Protecting the accused against the illegal activities of the state is a fundamental and human right. 

The Code of Criminal Procedure, the Indian Evidence Act, and the Constitution of India provide legal protection to defendants during trials in court.  Under Article 21 of the Constitution of India, every citizen of the country has the right to life and personal liberty.  The basic principles of criminal law also provide for a fair and reasonable investigation of the accused.  It is the duty of the state to amend the law to protect the Constitution of India and to violate the rule of law.

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