RIGHTS OF AN ARRESTED PERSON

Author: Ishu Yadav, Student at Indian Institute of Management Rohtak

Best Citation – Ishu Yadav, RIGHTS OF AN ARRESTED PERSON, Voice of Freedom and Rights, 1 (1) of 2023, Pg. 01-22, ISBN – 978-81-961120-1-1.

Abstract

“Innocent until proven guilty”, in context to this phrase, it’s very obvious that in India the burden of proof to prove any allegation lies upon the prosecution. Until and unless, an accused is proven guilty, he or she cannot be considered a criminal. An accused who is sent behind the bars and undergoing trial is considered an undertrial prisoner, people often mistook an accused person for a criminal. In reality, an accused person is an entity who has been alleged to have committed an offence.

This article is based on research about arrests, the arresting process, and the rights of the arrested. The article begins with defining arrest, saying that it occurs when someone’s personal freedom and right to travel freely are taken away from them and they are detained. Next, it was addressed how an arrest is made in accordance with the 1973 Code of Criminal Procedure, which comprises two methods: an arrest with a warrant and an arrest without one. When a person commits a non-cognizable offence, which is a less serious kind of offence, an arrest with a warrant is made. Moreover, an arrest without a warrant occurs when a cognizable offence has been committed, which denotes a more serious element to the offence. The rights of the detained individual were then discussed, including the right to speak with a lawyer, the right to be informed of the charges that led to their detention, the right to an immediate appearance before a magistrate, and others. There are several case laws that have given us a number of principles about an arrest and the rights of the arrested. Nonetheless, there have been a number of instances when this procedure has been questioned, and a number of concerns have been expressed about how this procedural system in India operates. The extent of corruption and related malpractices in India, which primarily affect the rights of the arrested person and the detention of the proper person, is one of the major drawbacks.

Keywords: Arrest, Accused, Cognizable, Non-Cognizable, Criminal, Trial, Warrant, offence, etc.