Arrest Rights and Procedure in India

Even during arrest, right to liberty as envisaged by the constitution is safeguarded by various procedures to be followed by the Police. An individual must be aware of the rights they possess while placed under arrest. This article talks about those rights that one must be aware of while placed under arrest by the police.

Tue Jul 12 2022 | Employment, Criminal and Labour | Comments (0)

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A person may be arrested for committing an alleged offence. The right to liberty as envisaged by the constitution is safeguarded by various procedures to be followed by the Police.

ARREST WITHOUT WARRANT

Any police officer, may without an order from a magistrate and without a warrant, arrest any person:

  1. Who has been concerned in any cognizable offence like murder, causing hurt, kidnapping etc, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned
  2. Who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking
  3. Who has been proclaimed as an offender either under this Code or by order of the State Government
  4. Who is in possession of anything found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing
  5. Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody
  6. Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union
  7. Who has been concerned in, or against whom reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in India
  8. Who, being a released convict, commits a breach of any rule, made under sub-section (5) of section 365
  9. For whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

Rights of A Person Arrested

PERSON ARRESTED TO BE INFORMED OF GROUNDS OF ARREST

Every police officer, arresting without warrant, shall communicate to the person being arrested, full particulars of the offence for which he is arrested or other grounds of arrest.

PERSON ARRESTED TO BE INFORMED OF RIGHT TO BAIL

Where a police officer arrests without warrant a person accused of a bailable offence, he shall inform the person arrested that he entitled to be released on bail and that he may arrange for surety on his behalf.

WHEN SEARCHED RECEIPT OF THE ARTICLES TAKEN TO BE GIVEN

Whenever a person is arrested, but the person arrested cannot furnish bail, the officer making the arrest may search such person, and place in safe custody all articles, other than necessary wearing apparel found upon him and where any article is seized from the arrested person, a receipt showing the article taken in possession shall be given to such person.

PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE OR OFFICER IN CHARGE OF POLICE STATION

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions for bail, take or send the person arrested before Magistrate having jurisdiction of the case, or before the officer in charge of a police station.

Power of Police to Grant Bail

In case of bailable offence, the police have the power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court.

A PERSON ARRESTED HAS A LEGAL AND CONSTITUTIONAL ENTITLEMENT to INFORM HIS RELATIONS THAT HE HAS BEEN DETAINED.

POLICE CUSTODY/DURATION

The police cannot keep any person arrested for any alleged offence for more than twenty-four hours. Within 24 hours, the police are legally duty-bound to produce the said arrested person before the nearest magistrate under whose jurisdiction the alleged offence has been committed. In case, the police fail to produce him within the prescribed period of 24 hours, the detention will amount to an illegal detention, and on moving a habeas corpus writ petition, he has to be set at liberty at once. There have been instances, where police have kept persons in their custody for more than 24 hours, and on filing a writ petition they have been ordered to be released.

Your Rights If Arrested

  1. The moment any person is arrested by the police he has a right to know the offence alleged to have been committed by him
  2. It is the duty of the police officer on the spot to inform the nearest relations of the accused person about his arrest
  3. If a person is arrested for a bailable offence, he is entitled to be released forthwith on bail at the police station itself as a matter of right on furnishing a bail bond of reasonable amount.
  4. A person cannot be detained in police custody for more than 24 hours.
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