Rights of Arrested Persons

I. FUNDAMENTAL RIGHTS: Rights of an arrested person under Article 22(1)

1. An arrested person o shall not be detained in custody without being informed of grounds of arrest
2. An arrested person o shall not be denied the right to consult and to be defended by a legal practitioner of his choice Rights of an arrested person under Article 22(2)
3. An arrested and detained person o shall be produced before nearest magistrate within 24 hours of arrest o excluding journey time from place of arrest to court
4. No person shall be detained in custody o beyond the said period of 24 hours without authority of a magistrate 

II. STATUTORY RIGHTS [granted by the Code of Criminal Procedure]:

• Sections 41B: Arrested person has to be informed that he has a right to have a relative or a friend informed of his arrest
• Section 41D: Arrested person is entitled to meet an advocate of his choice during interrogation
• Section 49: Arrested person shall not be subjected to more restraint than is necessary to prevent his escape
• Section 50: Arrested person has to be informed of grounds of arrest and of his right to bail
• Section 50A: Arrested person shall be informed of his right that a person nominated by him shall be informed of his arrest
• Section 56: Arrested person shall be produced before a Magistrate without delay
• Section 57: Arrested person shall not to be detained for more than 24 hours without authorization by a Magistrate  

LEGAL RIGHTS OF ARRESTED PEOPLE AS DECLARED BY SUPREME COURT

Hon’ble Supreme Court has issued a detailed guidelines about the arrested persons in the landmark case Dilip K. Basu v. State of West Bengal decided in 1997. The same is of utmost utilization for people who is suffering from false cases of 498A, Rape, Molestation, Dowry Death and many more.

1. The police personnel carrying out the arrest should bear accurate, visible and clear identification and name tags with their designations.
2. The police officer carrying out the arrest shall prepare a memo of arrest and such memo shall be attested by at least one witness, who is either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall be countersigned by the arrestee
3. A person who is being held in custody shall be entitled to have one friend or relative or other person known to him informed that he has been arrested and is being detained at the particular place.
4. The time, place of arrest and venue of custody of an arrestee must be notified by the police telegraphically within a period of 8 to 12 hours after the arrest.
5. The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
6. An entry must be made in the diary regarding the arrest which shall also disclose the name of the next friend who has been informed of the arrest.
7. The arrestee should be examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time.
8. The arrestee should be subjected to medical examination every 48 hours.(9) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.