RIGHTS OF AN ACCUSED ON ARREST

The arrest of an accused person in India is governed primarily by Sections 40 to 60a of the Code of Criminal Procedure (Crpc), 1973. The law mandates specific procedures and protections to ensure that an individual’s rights are not violated during the process of arrest, whether the offence is cognizable or non-cognizable in nature.

Cognizable vs. Non-Cognizable Offences

Under Section 2(c) of the Cr.p.c., a cognizable offence is one for which a police officer may arrest without a warrant and initiate an investigation without prior approval from a magistrate. In contrast, Section 2(l) defines a non-cognizable offence as one in which the police cannot arrest without the prior permission of a magistrate.

General Guidelines for Arrest

1. Section 41 of Cr.p.c. permits a police officer to arrest a person without a warrant under certain conditions, such as when the individual has committed a cognizable offence, is likely to commit a further offence, or is in possession of stolen property, among other reasons.

2. In the case of a non-cognizable offence, if the accused refuses to disclose their identity or provides false details, the police may arrest them to ascertain their correct particulars.

3. Women and Arrests: As per Section 46(4) of the Cr.p.c., no woman shall be arrested after sunset and before sunrise, except in exceptional circumstances. Even then, the arrest must be carried out by a woman police officer with prior permission from a Judicial Magistrate First Class. In all circumstances, a woman must only be arrested by a woman police officer.

4. A person under arrest must not be subjected to more restraint than is necessary to prevent escape. Excessive use of force or undue confinement is not permissible under the law.

Rights of the Arrested Person

1. The individual has the right to be informed of the grounds of arrest and the legal provisions under which the arrest is being made.

2. As per Section 57 and Article 22(2) of the Constitution, the arrested person must be produced before a magistrate within 24 hours. The time taken to travel from the place of arrest to the magistrate's court is excluded from this 24-hour window.

3. In bailable offences, where arrest is made without a warrant, it is the duty of the arresting officer to inform the person of their right to be released on bail and allow them to arrange sureties.

4. The arrested person has the right to inform a friend, relative, or any other person about their arrest and place of detention. The police are duty-bound to inform the nominated person and also record this information in the police station diary for official documentation.

5. The person also has the right to consult a lawyer of their choice. If the arrested individual is unable to afford legal assistance, it is the responsibility of the state to provide free legal aid through a court-appointed advocate.

Medical Examination Rights

When an arrested person is presented before a magistrate, they may request a medical examination if they believe it will provide evidence to disprove their involvement in the offence or show that another person committed an offence against them. If the magistrate finds the request valid and not intended to delay justice, they must direct a registered medical practitioner to conduct the examination. A copy of the medical report must be made available to the accused.

Special Provisions for Juveniles

A juvenile, defined under the Juvenile Justice (Care and Protection of Children) Act, 2015, as a person below the age of 18, cannot be detained in a police station. Instead, such individuals must be placed in designated Observation Homes. The juvenile must immediately inform the police of their age at the time of arrest. If ignored, the individual can later inform the magistrate, who is obligated to verify their age and, if appropriate, transfer the case to the Juvenile Justice Board. The plea of juvenility can be raised at any stage of legal proceedings.

This framework of arrest under the Cr.P.C. ensures that police powers are exercised within legal bounds and that the rights of individuals are safeguarded. The procedural safeguards aim to strike a balance between effective law enforcement and protection of individual liberty.

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