PROCEDURE TO ARREST A PERSON AND HIS/HER RIGHTS IN INDIA PROCEDURE FOR ARREST IN INDIA

PROCEDURE TO ARREST A PERSON AND HIS/HER RIGHTS IN INDIA PROCEDURE FOR ARREST IN INDIA 

Author:- SHREYA SINGH , A STUDENT AT SYMBIOSIS LAW SCHOOL HYDERABAD 

The Code of Criminal Procedure, 1973 (CrPC), as well as much other legislation, including the Indian Penal Code, 1860 (IPC), and the Indian Evidence Act, 1872, govern the arrest process in India. A person who is suspected of committing a crime is taken into custody during an arrest, which is a crucial stage in the criminal justice process.

Without a warrant, a person may be detained under Section 41 of the Criminal Procedure Code, but only if there is a reasonable suspicion that they have done or are about to commit a crime. The person has a right to know the specifics of the offense they are being accused of, and the police officer is required to notify them of the basis for their arrest. The officer must also mention that the subject has a right to legal counsel and needs to appear before a magistrate within 24 hours.

The procedure for making an arrest is outlined in Section 46 of the Criminal Procedure Code, which requires that the police officer only use reasonable force in carrying out the arrest. The accused must be given medical attention if necessary and any injuries must be documented in writing. The right of the arrested person to tell a friend or relative about the arrest must be explained to him or her.

According to Section 49 of the CrPC, the police officer is required to tell the person being arrested of their right to have a person of the same gender search them. The individual's privacy and dignity must be respected during the search. If a woman is going to be arrested, a female police officer or a female constable has to make the arrest.

According to Section 50 of the Criminal Procedure Code, everybody who is arrested has the right to know the reason(s) for their arrest and is eligible for bail. A copy of the arrest memo must be given to the subject, and the police officer must identify himself or herself and state what position he or she has.

According to Section 56 of the Criminal Procedure Code, the individual who has been arrested must appear before a magistrate within 24 hours of their arrest, excluding travel time. If the arrest occurs on a holiday or outside of the court's regular business hours, the suspect must appear in court the next business day.

According to Section 57 of the Criminal Procedure Code, an apprehended individual may be held in custody for a maximum of 24 hours before being released on a magistrate's order. The person must be discharged if they are not brought before a magistrate within 24 hours.

Arrested person rights 

• Reason of arrest - Section50(1)

• The right to be informed about the bail procedure- Section50(2)

• The person must appear before the magistrate within 24 hours, according to article 22[2], and they have the right to be taken to court immediately.

• Entitlement to legal advice under Article 22[1] of Indian Constitution.

• The right to receive free legal aid.

• The right to be informed of his ability to report his arrest to a friend or family member.

• The necessary physical examination.

A historic judgment was given in the case of D.K. Basu vs. State of West Bengal in 1997 by the Supreme Court of India that in the case of arrest, the badges of a police officer shall have his name and his designation.