Hello everyone in this post we will know about 10 Legal rights during police arrest. India is a Land of Law. The Court of Law always deemed that every citizen of India knows all the Law of the land but as a human being we have some limitations, we can’t learn all the rules and laws of India.
But we should know the legal rights which are used in common life. We are human being and we live in a society. For making a good society every human should follow some rules and regulations. This is our responsibility to know basic legal rights and legal duties.
Here the role of members of parliament comes into. They make rules which are called Laws. If we will not follow these laws then we will get arrested by the police so this is good for us if we know at least these 10 legal rights during a police arrest. So let’s start to discuss about 10 Legal rights during a police arrest.
Right for arrest memo (memorandum of arrest) CrPC 41b
The arrest memo is a written document which is prepared by the police officer who carried out the arrest. The arrest memo contains bare accurate visible and clear identification of the name of arrestee age, address, date, time, place, ground of arrest, signature of arrestee and verification by the family member.
The arrestee can ask the police officer to prepare an arrest memo (memorandum of arrest) at the time of arrestment. The memorandum of arrest shall be attested either by any family member of the arrestee or by any well-known person of the area from where the arrestee got arrested. Details of arrest memo shall be verified by the arrestee with the date and time of arrest.
Inform the person arrested, unless the memorandum is attested by the person of his family, that he has the right to have a relative of a friend named by him to be informed of his arrest.
Right to meet his lawyer during interrogation CrPC41D
As per the provision of section 41D of Criminal procedure Code 1973, every person who gets arrested by the police officer have the right to access the service of a lawyer and consult with his lawyer.
Article 22(1) of the Constitution of India provides that a person who gets arrested by the police personal have the right to consult with a legal practitioner but not thought out the intonation. These rights begin from the time of arrest. Consultancy service with a lawyer may be made in the presence of the police personal.
A woman can be arrested only by a women police officer CrPC46 (1)
The police personal who are making an arrest shall not touch or confine the body of the arrestee, if he surrenders himself to the custody of the police.
If the person who gets arrested refused to surrender himself to the custody of the police, the police can touch the body of the offender.
If a female is to be get arrested, if it’s practicable she should be arrested by a female police personal. But if at the time and place of arrest female police officer not presented, only then a male police personal can arrest the female, but he can’t touch her body.
Body search of a female can me only made by a female police personal in a decent way.
Women can’t be arrested after sunset CrPC 46(4)
In a general rule, a female accused can’t be arrest after sunset and before sunrise
Exception- A woman police officer shall, by making a written report, and obtain the prior permission of the Judicial Magistrate of the first class.
A female should not be called at the police station or any other place except his residence for interrogation. The time of interrogation cannot be after sunset to before sunrise.
A female who get arrested shall be kept in a sell with any male. If separate sell is not available, then she shall be kept in a separate room.
Legal rights know the reason of arrest CrPC 50(1)
Whenever police officer arrest the accused it will be the duty of the police officer to communicate the grounds of arrest that you did so and so offence against the so and so person.
Here it should be noted that duty to inform the accused about the ground of arrest only in case of non-warrant arrest.
If the police officer is arresting the accused person for a bailable offence without any warrant, then it will be the duty of the police officer who makes arrest to inform the accused person that he has a right of bail and also communicate that arrange surety for the particular purpose.
In Harikrishna vs state of Maharashtra AIR 1962, Supreme Court held that the ground of arrest must be communicated to the person in the language that he understands otherwise it would not amount to sufficient compliance of the constitutional requirement.
Right to get informed the family of arrestee CrPC50A
Whenever police officer arrests the accused person and if the memorandum of arrest is not attached by his relative or by his friends than it will be the duty of the police officer to inform the relative regarding his arrest and where the arrested person kept.
Under subsection (1) it shall be the duty of the person who arrests the accused to inform the right to inform his relative of friends as soon as he is brought to the police station.
Further after complying his duty to inform right of accused, the police officer shall inter the facts into the book which is kept in the police station.
Legal rights to personal safety and health of arrestee CrPC55A
According to section 55A of the Criminal Procedure Code once an accused get arrested or detained it shall be the duty of the police officer having the custody of the accused person insure reasonable care of the health and care of the accused.
According to the judgment of the Supreme Court, it shall be the constitutional duty of the State to provide free medical aid to the accused person. Duty to provide free medical aid shall be raised from the date when the accused present before the magistrate for the first time.
If during the arrest or detention arrestee get any major injury than State would be liable for the negligent or indifferent conduct of police personal/jail authority. (Challa Ramkonda Reddy vs. State of A.P.)
Arrestment for more than 24 hours CrPC 56, 57
A person gets arrested by the police personal shall not be held in the custody of police for more than reasonable period. This reasonable period cannot be more than 24 hours in any circumstances. However, under section 167 Magistrate can order for detention for a period of more than 24 hours.
Article 22(2) of the Constitution provides that “every person who gets arrested by the police personal shall be produced before the nearest magistrate within a period of 24 hours from such arrest.
Legal rights to see warrant in non-cognizable offence
In the first schedule of the Criminal Procedure Code offences have been divided into two types of offence one is a cognizable offence and the second is a non-cognizable offence.
Non-cognizable offence is an offence which is not a serious offence in the eyes of law. In case of non-cognizable offence, police cannot arrest a person without an arrest warrant issued from the magistrate.
Cognizable offence is an offence which is a more serious offence in the eyes of law. A police officer has the right to arrest the person, who has carried out an offence which is a cognizable offence.
Here are some examples of cognizable offence-
- Person escaped from legal custody
- If he/she committed any murder or helped any person who has committed murder.
- If he/she committed any rape or helped any person who has committed rape.
- Person abridges police officer to perform his duty.
- If police have credential information that a person preparing to devote any cognizable offence.
Right to silent
Every person has a right to silent during the period of investigation and the accused person can’t make guilty merely because of his silent nor the prosecutor or appellant party can encourage the Court of Law to conclude the proceeding of the Court.
According to the judgement of the Court of Law, no one can forcefully draw out the statement from the accused person. In 2010 the Supreme Court made brain mapping, lie detector and narco test as a violation of Article 20(3) of Constitution of India.
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