Rights of Arrested person – a Detailed Study

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Written By: Sreshta Satpathy


An accused is a person who has a First Information Report filed against them in the criminal justice system. The legal system in India is set up in such a way that it not only protects victims and prosecutions but also protects accused people from criminal liability. The accused also have certain rights, the most basic of which are enshrined in the Indian Constitution. The essential premise behind these rights is that the government has vast resources at its disposal for prosecuting individuals and that individuals are entitled to some protection from the government’s abuse of those powers. During the course of any investigation, inquiry, or trial into the offense with which he is charged, an accused has certain rights, and he should be safeguarded from arbitrary or illegal arrest.

Rights of an Arrested person

Right To Know The Grounds of Arrest; According to Section 50(1) of the Criminal Procedure Code, anyone who is arrested by a police officer without a warrant has the right to know the entire details of the offense for which he is being arrested, and the police officer is obligated to inform the accused such details and cannot dispute it. Similar writings are also provided under Section 55 of Cr.P.C, Section 75 of Cr.P.C . Subsequently Article 22(2) of the Constitution provides that “no person who is arrested shall be detained in custody without being informed as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by a legal practitioner of his choice.”

Right To Silence; According to Article 20(3) of the Indian Constitution, everyone has the right against self-incrimination, which provides that no one who has been accused of a crime can be forced to testify against oneself. The Supreme Court ruled in Nandini Sathpathy v. P.L.Dani that no one can forcibly extract information from an accused person and that the accused has the right to remain silent during interrogation (investigation). In 2010, the Supreme Court ruled that narco-analysis, brain mapping, and lie detector tests are in breach of Article 20(3) of the Indian Constitution.

Right To A Fair Trial; Article 14 of the Constitution ensures the right to equality before the law. The Code of Criminal Procedure further stipulates that a fair trial must take place in an open courtroom. Right To Consult A Legal Practitioner; Every person who has been arrested has the right to meet with a lawyer of his or her choosing. Article 22(1) of the Indian Constitution recognizes this as a fundamental right that cannot be denied under any circumstances.

The person against whom actions are brought has the right to be represented by a leader of his choice, according to Section 50(3) of the Code. This starts begins as soon as the person is arrested  Right To A Speedy Trial by the Constitution of India; Despite the fact that this privilege is not explicitly stated in the Constitution, the Supreme Court in the Hussainara Khatoon case mandated that the inquiry in the trial be completed “as expeditiously as possible.”

Information Regarding The Right To Be Released On Bail; If a person is arrested without a warrant and is not charged with a non-bailable offense, the police officer must advise him that he is eligible to be released on bail after paying the surety sum. This aids people who have been arrested for bailable offenses and are unaware of their right to bail. Apart from all these stated above, there are many more rights provided to an arrested person, for instance, Rights Of Free Legal Aid, Right To Be Examined By A Medical Practitioner, Right of privacy and protection against unlawful search, Right against Double Jeopardy, etc.

This case, D.K Basu v. State of West Bengal and others (1997 1 SCC 416), is remarkable because it focuses “on the rights of the arrested individual while still requiring the police officer to perform certain activities.” The court further states that if a police officer fails to discharge his duties, he would be held in contempt of court and subject to departmental discipline. The decisions arising from this case led to the creation of Section 50A of the Criminal Procedure Code, which requires the police to provide information about the arrest and the location where the arrested person is being held to any of the arrested person’s friends, relatives, or other persons nominated by the arrested person for the purpose of receiving such information.

In Yoginder Singh v/s State of Punjab (1963 AIR 913, 1963 SCR Supl. (2) 169), the Court stated that in order to carry out Articles 21 and 22(1), It’s necessary that; The person who has been arrested has the right to inform a friend, relative, or anybody else who is interested in him about his arrest, The arrest must be recorded in full in a diary, which must also include the name of the person who was told about the arrest. Following the detention/arrest of the accused person, the police officer must advise the arrested person of all his rights.


India has a significant problem with illegal arrests and custodial deaths, both of which are primarily caused by illegal arrests. The core of Article 21 of the Indian Constitution, as well as the fundamental human rights guaranteed by the Universal Declaration of Human Rights, are jeopardized by these issues. In the spirit of the phrase “innocent until proven guilty,” it’s clear that the prosecution in India bears the burden of proof in proving any charge. An accused cannot be regarded as a criminal unless and unless he or she is proven guilty. An accused person who has been placed behind bars and is awaiting trial is referred to as an undertrial prisoner. People frequently mistake an accused person for a criminal. In reality, an accused person is a person or entity accused of committing a crime.


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