Article 22 guarantees that individuals who are apprehended must be informed of the reasons for their arrest, ensuring that no person arrested shall be detained in custody without being provided with the grounds for their apprehension
Consequences of an arrest can be severe. When someone is arrested, they have certain rights that are guaranteed to them by law. These rights ensure that an accused person is treated fairly, and that their legal rights are protected. This article will discuss the rights of an arrested person and the case laws that support these rights.
One of the most important rights of an arrested person is the right to be informed of the grounds of arrest. This right is enshrined in Article 22 guarantees that individuals who are apprehended must be informed of the reasons for their arrest, ensuring that no person arrested shall be detained in custody without being provided with the grounds for their apprehension. Supreme Court has also emphasised the importance of this right in the case of DK Basu v State of West Bengal, where it was held that the arrested person must be informed of the grounds of arrest as soon as they are taken into custody, and that the information should be recorded in writing.
The right to consult and be defended by a lawyer of his choice is another crucial right of an arrested person. If the arrested person is incapacitated to hire a lawyer, the court is not under any obligation to provide a lawyer unless a request is made. However, it is the duty of the police to inform the arrested person of their right to legal representation. The Supreme Court of India has also held that if the accused is not able to afford a lawyer, the court must appoint a lawyer for them. This was established in the landmark case of Hussainara Khatoon v State of Bihar, where it was held that the right to legal aid is a fundamental right guaranteed under the Constitution.
The right to be produced before a magistrate within 24 hours is also a fundamental right of an arrested person. This right is enshrined in Article 22 of the Constitution, which states that every person who is arrested and detained in custody shall be produced before the nearest magistrate within 24 hours of such arrest.
The Apex Court has also held that this right is non-negotiable, and that any delay in production before the magistrate is a violation of the arrested person’s rights. This was established in the case of Joginder Kumar v State of UP.
Lastly, an arrested person has the freedom from illegal detention. No person accused of any offence can be detained beyond 24 hours except by the order of the magistrate.
The Supreme Court has held that any detention beyond 24 hours without the order of the magistrate is illegal and constitutes a violation of the fundamental rights of the arrested person. This was established in the case of DK Basu v State of West Bengal, where it was held that any illegal detention is a violation of the person’s fundamental rights and the State must be held accountable for the same.
An arrest is a serious matter, and the rights of an arrested person must be protected. The rights discussed in this article are enshrined in the Constitution, and their importance has been reiterated time and again by the Supreme Court. It is the duty of the police and the State to ensure that these rights are protected and that any violation of these rights is dealt with seriously.