Arrest And Rights Of Arrested Person Under CrPC

In this article we are going to understand Arrest and rights of arrested person. Let’s explore these rights and their importance in upholding justice.

Introduction

An arrest marks a critical moment in the criminal justice process, where a person is legally detained by law enforcement under suspicion of having committed a crime. Understanding the rights of an arrested person is fundamental in safeguarding individual liberties and ensuring that due process is followed. These rights, often outlined in constitutional and legal frameworks, aim to protect individuals from unlawful detention, coercion, and unfair treatment. From the right to remain silent to the right to legal counsel, these protections ensure that justice is pursued fairly while upholding the rule of law..

Definition and Meaning of Arrest

As per the Blacks law dictionary, the word arrest means “ To deprived a person of his liberty by legal authority. The Criminal Procedure Code of 1973, however, that deals with the aspects of arrests, has not defined the ‘Arrest’.

Why the arrest is made?

There are several objectives behind the arrest as:-
1. To secure the presence and attendance of the accused during the trial.
2. To obtain the correct name,address and details of accused.
3. The arrest is also made as a preventive measure.
4. To retake a person in lawful custody who has or who has tried to escape.

Types of arrest as per CrPC

1. Arrest with a warrant
2. Arrest without warrant (Section 41,42)
3. Arrest made by a private person(Section 43)
4. Arrest by Magistrate (Section 44)

Want to know more? Buy Complete Notes of This subject for In-Depth Understanding!

Buy Now

Rights of a arrested person

The accused in India are afforded certain rights, the most basic of which are found in the Indian Constitution. Article 21 of Indian Constitution provides few rays of hope to the lives of arrested, under trials and convicts. The treatment of such people has to be humane and in the manner prescribed by law. Hence, the accused has been provided with certain rights under the law. Rights of arrested person are as follows:-

1. Informed about grounds of arrest

Person arrested to be informed of his grounds of arrest and right to bail. Under section 50 every person who is arrested without warrant should be informed about his ground of arrest.

2. No unreasonable restraint

The police officer making the arrest will not use more restraint than what is required for restricting him from escaping or eloping, the person arrest should not be subject to any unreasonable restraint.

3. Right to Silence

Just because the accused /arrested person chose to be silent under interrogation doesn’t mean that he is guilty. There is much speculation if this right is to be exercised in modern times as mentioned in the Justice Malimath Committee’s report.

Read this Also: Sources of Muslim Law

Want to know more? Buy Complete Notes of This subject for In-Depth Understanding!

Buy Now

4. Information about right to bail

A person who is arrested for offence other than non bailable offence is must be informed about his right to bail.

5. Rights regarding detention

It is provided under section 47 that an arrested person not to be detained for more than 24 hours.

6. Right to consult a legal practitioner

The right of consultation with the legal practitioner of his choice and the right is available from the moment of arrest.

7. Rights to free legal aid

If someone don’t have the means to afford the services of a lawyer for the conduct of case then free legal aid is provided under this right.

Boost your earnings effortlessly—help others find the perfect credit card today and Earn Unlimited

Earn Now

6 thoughts on “Arrest And Rights Of Arrested Person under CrPC”

Nidhi chauham says:

September 16, 2024 at 10:59 am

Well explained with less words. That’s what’s I was looking for.
Every other platform seems to type whole book on their articles,🤣🤣

Akshita singh says:

September 16, 2024 at 11:01 am

Long concept made short. Nice work

Rajesh kannojia says:

September 17, 2024 at 5:22 pm

You are doing a great job keep creating valuable content and also post about charge under.

Mejan singh says:

September 18, 2024 at 7:39 am

It’s rare to find such quality legal content online thank you

Akhi says:

October 4, 2024 at 4:19 pm

Add more posts ccsu has declared exams in November.

Krishna says:

November 13, 2024 at 6:36 am

Very good way to rights posts