top of page
Writer's pictureLead India
Nov 4, 20224 min read

Rules For Arresting a Person in India

Along with a just and fair trial devoid of any arbitrary procedures, the Constitution also lays the requirement that an arrest is both lawful and justified. This page consists of the accused's procedural and constitutional rights in India before and after the arrest. The accused person is presumed innocent unless and unless it is provided differently, except when exceptions are made, and until they are found guilty in court.


Rights of Accused Person:

Rights to Know the Reasons for an Arrest:

  • Article 22 of the Indian Constitution addresses protection against arrest and custody in specific situations. Any person who is taken into custody must be notified as quickly as feasible of the reasons for their detention and must be allowed to meet with and be represented by a lawyer of their choosing.

  • The individual who has been arrested must be informed of the reasons for the arrest and his right to bail, according to Section 50 of the Code of Criminal Procedure (Cr.P.C.). Any police officer or other person who detains a person without a warrant must immediately give that individual full information about the crime for which they are being detained or the other reasons they are being detained. The person arrested must be informed that he is eligible to be released on bail and that he can arrange for sureties on his behalf when a police officer arrests someone without a warrant who is not being charged with a crime for which bail is not available.

  • The police officer performing the arrest must notify a designated person of the arrest, according to Section 50-A of the Code of Criminal Procedure (Cr.P.C.). Any police officer or other person acting in accordance with this Code shall immediately provide any of the detained person's friends, family members, or other individuals whom the detained individual may disclose or designate to receive such information with information regarding the arrest and the location where the detained individual is being held.

  • The Code of Criminal Procedure (Cr.P.C.) Section 55 addresses arrests where a police officer assigns a subordinate to make an unwarranted arrest of the suspect. When any police officer in charge of a police station or any police officer conducting an investigation under Chapter XII requires any officer subordinate to arrest without a warrant (other than in his presence) any person who may lawfully be arrested without a warrant, he shall provide the officer required to make the arrest order with a written order identifying the person to be controlled, the offence or other reason for which the arrest is to be made, and the officer.

  • According to Section 75 of the Code of the Criminal Procedure (Cr.P.C.), the arrestee must be informed of the warrant's details and, if necessary, shown the warrant by the police officer or other person carrying it out. In order to understand the rights of an arrested person, criminal lawyer in Delhi should be consulted.

Right to Appear Before a Magistrate Without Undue Delay:

  • Every person who is arrested and held in custody must appear before the closest magistrate within twenty-four hours of their arrest, excluding the time required for travel from the place of detention to the court of the magistrate. This person may not be held in custody for an additional day without the consent of a magistrate, according to Article 22 (2) of the Indian Constitution.

  • According to Section 55 of the Code of Criminal Procedure (Cr.P.C.), a police officer who makes an arrest without a warrant must present the detained person promptly before the magistrate with jurisdiction or the police officer in charge of the police station, depending on the terms of the arrest.

  • According to Section 76 of the Code of Criminal Procedure (Cr.P.C.), the individual who has been arrested must be brought before the court as soon as possible. Without undue delay, the police officer or other person carrying out an arrest warrant must present the person being held before the court where he is legally required to do so. Provided, however, that the delay in no event exceeds twenty-four hours, not including the time required for travel from the location of the arrest to the Magistrate's Court.

Right to Bail:


According to Section 50 (2) of the Code of the Criminal Procedure (Cr.P.C.), a police officer is required to inform anyone arrested without a warrant—aside from someone charged with a crime for which bail is not permitted—that he is eligible for release on bail and that he is free to arrange for sureties on that person's behalf. Top criminal lawyers in Delhi can be contacted to get bail.


Right to Consult Lawyer:

  • According to Article 22 of the Constitution, no individual who has been arrested shall be refused the right to consult a lawyer of his choosing.

  • According to Section 41D of the Code of Criminal Procedure (Cr.P.C. ), anyone who is detained by the police and subsequently interviewed by them has the right to meet with an advocate of his choosing while being questioned, though not continuously.

  • The rights of the individual against whom proceedings are commenced are covered in Section 303 of the Code of Criminal Procedure (Cr.P.C.). Any individual charged with a crime in front of a Criminal Court or against whom actions are taken pursuant to this Code may be defended by a pleader of his choosing. The assistance of the best criminal lawyer in Delhi to understand matters of arrest.

Call Us: - +91-8800788535

Email: care@leadindia.law

3 views0 comments

Comments

bottom of page