Is arrested person has some rights under Crpc?

   Rights of an arrested person under Crpc(code of criminal procedure)

              

              Our constitution provides some fundamental rights to every citizen of India like freedom of speech, freedom of life, freedom of education etc. There is a article in constitution article 21 which provide the liberty to a person no person shall be deprived from the personal liberty. So when a person get arrested he has some rights so that he can prove himself innocent. Every citizen is equal in the eye of law. Every person is innocent before the charge is proved. So when a person being arrested he would not call a criminal. He has many rights which is provided by crpc and constitution. So that "let a hundred guilty be acquitted, but one innocent should not be convicted". This maxim is a guiding statement for our law. 

There are the following rights of an arrested person

• Right to know
• Right to produce before magistrate concerned without any delay.
• Right to free legal aid
• Right to silence
• Right to know the substances of warrant.
• right to consult a legal practitioner
• Medical examination.
• Right to inform the family and friends.

Right to know:-  Person has right to know the ground of his arrest. This right is provided under article 22(1) of indian constitution which says" No person who is arrested shall be detained in custody without being informed,as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice". this right is also written in section 50(1). In this it is clearly written that a police officer should inform the person about the grounds on which the person is arrested.

Right to produce before magistrate concerned without any delay:-  This right is written under section 56 or 57 of crpc. Acc to section 56 An arrested person, arrest without warrant should be immediately produce before the magistrate.Acc to section 57 a person should not be detained more than 24 hours except a special order of magistrate under sec 167.  There is a case of 

Mohd. salim khan vs state of U.P :- The police did not submit charge sheet for 3 years and accused was in jail during these years. supreme court ordered that the accused to be released on bail on furnishing a personal bond.

Right to free legal aid:-  For a fair prosecution it is necessary that every person should have the right of free legal aid.  This right is written under section 50(3) of crpc. This section provide that "the person against whom proceeding are initiated has a right to be defended a pleader of his choice. This right begins as soon as the person arrested." Article 22(1) of constitution also states the right  of free legal aid.

 Right to silence:-  This right is written in article 20(3) of our constitution. It states" no person accused of an offence shall be compelled to be a witness against himself."  No one (a police officer or anyone) can induce a person to accept the charge. Right of silence is a right where accused can refuse to giving the answer before police. This right is a right against self incrimination.Because of this right magistrate have to take every step very carefully. He has to convince the person for telling the truth without any inducement.

Right to know the substances of warrant:- This right is written under the section 75 of crpc.When a person is arrested with warrant.The police officer or other person executing a warrant of arrest shall notify the substances thereof to the person to be arrested. It is the right of accused that he should have to know all the substances. He can also demand to show the warrant and if so required police officer shall show him the warrant and tell about all the substances.

Right to consult a legal practitioner :- In article 22(1) this right is stated that  he shall not be denied the right to consult, and to be defended by, a legal practitioner of his choice. Acc. to this right it is clearly stated that every accused when produced before the court, has a right of legal practitioner. Court is also provides free legal aid to the defendant because this is his right.

Medical examination:- It is the right of arrested person he can demand for his medical examination at any time so that he can prove himself not guilty. If the medical examination is necessary in the case or for the evidence it is the duty of the police officer or any other authorised person to do the accused examination by medical practitioner.

Right to inform the family and friends:- The arrested person has the right to inform his friends and relatives. It is also the duty of police officer to inform his friends and relatives.

So these all are the rights of an arrested person.