What are the rights of a person who is arrested?
- Right to know the grounds of arrest made
- Right to remain silence.
- Right to be taken before a magistrate without a delay
- Information of the right, to be released on bail
- Right to consult a lawyer
- Right of the trial
According to Section 50(1) od Cr.P.C., any person who is being arrested by police officer, without any warrant, is entitled to know the full particulars of offence for which he is being arrested and the police officer is bound to tell the accused.
This ‘right to silence’ has been derived from the common law principles, It implies that typically courts or tribunals ought not infer that the individual is liable of any direct only on the grounds that he has not reacted to inquiries which were asked by the police or by the court.
Irrespective of the reality whether the capture was made with or without a warrant, the individual who is making such capture needs to bring the captured individual before a legal officer immediately. Further, the captured individual must be limited in police headquarters just and no other place before taking him to the Magistrate.
Any person who is to be arrested without a warrant and is not accused of a non-bailable offence has to be informed by the police officer that he is entitled to be released on bail on payment of the surety amount.
Every person who is arrested has a proper right to consult a lawyer of his/her own choice and it cannot be denied in any case.
The constitution under article 14 says about the right to equality before the law. The code of criminal procedure also provides that for a trial to be fair, it must be in the open court.
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