• If someone is arrested what are his/her rights? What are the precautions to be taken?

I) What are the rights of someone who is arrested? 
ii) What are the things one should be alert to or prevent doing while in custody?
iii) Is police third-degree legitimate thing to do? If yes, what are ways to tackle it, can you legally charge police officers with some sections?
Asked 2 years ago in Criminal Law
Religion: Hindu

3 answers received in 1 hour.

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8 Answers

Right to know the grounds of Arrest

  • Section 50 of CrPC says that every police officer or any other person who is authorised to arrest a person without a warrant should inform the arrested person about the offence for which he is arrested and other grounds for such an arrest. It is the duty of the police officer and he cannot refuse it.
  • Section 50A of CrPC obligates a person making an arrest to inform of the arrest to any of his friends or relative or any other person in his interest. The police officer should inform the arrested person that he has a right to information about his arrest to the nominated person as soon as he is put under custody.

2) police cannot use third degree to extract information from arrested person 

 

3) section 163  of the Code of Criminal Procedure, 1973 prohibits the investigating officers from making any inducement, threat or promise under Section 24 of the Indian Evidence Act (1872) but also prevents him from forcing any person to make any statement which he would like to make on his free will. Section 24 of the Indian Evidence Act, 1872 makes all confessions made under inducement, threat, or promise as inadmissible.

Ajay Sethi
Advocate, Mumbai
97598 Answers
7900 Consultations

1. An arrested person, even if convicted of a crime, has certain inalienable rights that cannot be deviated from by law-enforcing authorities such as the police. These include rights to know grounds of arrest, right to bail, right to fair trial, right against self-incrimination etc.

2. a. 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.

b.  No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless—

(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or

(b) such person is detained in accordance with the provisions of any law made by Parliament under subclauses (a) and (b) of clause (7).

 

3. The third degree is used by the police in getting confessions from the arrested persons suspected of having committed a crime.

Third degree is presently officially disapproved by the law though it is surreptitiously used.

Actually it is a colloquial term used to describe unlawful methods of coercing an individual to confess to a criminal offense by overcoming his or her free will through the use of psychological or physical violence.

T Kalaiselvan
Advocate, Vellore
87800 Answers
2365 Consultations

You can inform your family members and engage a lawyer. You cannot be coerced into stating/signing anything.

Third degree is illegal and an application must be moved against it in court through an advocate.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Dear client, even an arrest person have number of rights. Link- 

1. Article 22(2) of the Constitution states, "A person who is arrested shall not be detained in custody without being informed the grounds of the arrest nor shall he be denied the right to consult, and defended by a legal practitioner (lawyer); of their choice.

2. The right to a speedy trial;The right to a jury trial;The right to a public trial;The place of prosecution;The right to be informed of the ground and cause of the accusations;

3. Section 167 of the CrPC, 1973, says a person would be in police custody in 15 days. The judicial magistrate can extend the period of police custody only up to 15 days if the investigation is not complete.

 

Moreover, third degree torture is not legal in India and it is agaisnt the fundamental as well as legal right of a person. Therefore, you may approach Court in case such sitution arises.

 

Anik Miu
Advocate, Bangalore
10420 Answers
121 Consultations

1. No police official can arrest any person without informing the accused the reason/ ground of his arrest.

- As per Section 50 of CrPC , It is the duty of the police official to inform the accused for the crime under which he is arrested . 

- Further , as per Section 50A of the CrPC , it is the duty of the police official to inform to any of the relative or friend of the accused for the arrest. 

- Further, as per Section 75 of the CrPC , the police official executing the warrant must notify the substance to the arrested person and furnish the warrant of the arrest when required.

2. He has right to take bail from the Court .  

3. It is illegal , and the accused may inform the Court against the third degree torture in the custody. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

1. Ordinarily his civil & human rights will continue to be with him. He should be given arrest memo mentioning the charges against him.

 

2. He should not sign anything without consulting his Advocate.

 

3. Application of Third Degree is highly illegal.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

He should know the charges of arrest. He should be given a lawyer or assistance. He should be produced before court within 24 hours of his arrest. 

No third degree is illegal

Prashant Nayak
Advocate, Mumbai
32931 Answers
209 Consultations

i) The arrested person has a right to remain silent and ask for the assistance of a lawyer of his choice. He also has a right to be produced before a magistrate within 24 hours of his arrest.

ii) To remain silent and not to answer any question if it is self-incriminating in nature till he gets the assistance of a lawyer of his choice.

iii) Third degree methods are not legitimate, in the strict sense, but it is a universal police practice. However, the arrested person has a right to represent to the magistrate about the third degree methods used.

 

Swaminathan Neelakantan
Advocate, Coimbatore
2967 Answers
20 Consultations

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