The Code of Criminal Procedure provides certain rights to an arrested person. These rights aim to safeguard the arrested person from any possible abuse of power by the police or the investigating agency.
Rights of an Arrested Person under the CrPC
- Right to be informed of the grounds of arrest: The person arrested must be informed of the reasons for his/her arrest. The grounds of arrest should be communicated to the person as soon as he/she is arrested.
- Right to legal representation: An arrested person has the right to consult and be represented by a legal practitioner of his/her choice. This right extends to the period of detention and trial.
- Right to be produced before a magistrate: The arrested person must be produced before a magistrate within 24 hours of arrest. This is to prevent any possible abuse of power by the police.
- Right to silence: The arrested person has the right to remain silent and not incriminate himself/herself during the investigation or trial. However, this right is subject to certain limitations and exceptions.
- Right to medical examination: An arrested person has the right to be examined by a medical practitioner of his/her choice. This examination is done to ensure that the arrested person has not been subjected to any physical or mental abuse during detention.
- Right to bail: The arrested person has the right to apply for bail, subject to certain conditions. Bail is the temporary release of the arrested person until the trial is completed.
- Right to be treated with dignity: The arrested person has the right to be treated with dignity and not subjected to any cruel, inhuman, or degrading treatment or punishment. The police must ensure that the arrested person’s human rights are protected at all times.
