Rights Of Arrested Person As Human Rights

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Rights Of Arrested Person As Human Rights

necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.”

This right of the arrested person is mentioned underSection 56of CrPC, “A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.” Also, a person arrested should not be detained for more than 24 hours,Section 57. Moreover,Section 76of CrPC, 1973, illustrates that any person executing a warrant of arrest (such as police officers) should bring the person arrested before the Court without unnecessary delay.

absolute right and mainly depends on factors such as the severity and nature of the offence, potential threat to society on release, and the likelihood of the arrested person fleeing away.

Right to a Fair Trial/ Speedy Trial

To prevail over the principle of Natural Justice, the accused person is entitled to the right to a fair trial. The right to a fair trial is not mentioned under the provisions of CrPC but the right to equality has been mentioned in the Supreme law of land, Indian Constitution.Article 14of the Indian Constitution states that every individual is equal in the eyes of the law. Along with this, in a Supreme Court judgment, it has been made mandatory to complete the investigation in the trial as soon as possible.

Right to consult a Legal Practitioner

The arrested person has a right to consult a legal practitioner or a legal advisor which has been identified under Article 22(1) of the Constitution of India. As perSection 303of the CrPC, “Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice.” This right helps the accused person to safeguard his interests.

Right to be examined by the Medical Practitioner

UnderSection 54of the Indian Constitution, any arrested person has the right to be examined by a medical officer in the service of the Central or State Government. It further states that in case the medical officer is not available then the accused person is examined by a registered medical practitioner soon after the arrest is made. Provided that if the arrested person is a female, the examination of the body should be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available then the examination should be done by a female registered medical practitioner.