Tuesday, July 9, 2019

Rights Of Arrested Person Set By Supreme Court

The arrested person in an offence also has his own rights. When the police arrest him, he has to follow a set of rules. The Supreme Court gave a landmark verdict in the Joginder Kumar vs State of UP case in view of human rights.The Supreme Court had held that every person has the right to life and liberty in Article 21. This right must be enforced.

Rights Of Arrested Person 

  • It is compulsory to present the accused before the magistrate within 24 hours after the arrest of cognizable offense. During this, he has the right to seek advice from the lawyer.
  • Whenever a person is arrested, the arrested person has the opportunity to tell his relative or friend that he has been arrested by police. 
  • In addition, it is the duty of the police to tell the person why he has been arrested.
  • When the accused is arrested, the search memo is prepared for whatever material he has got. This list is given to the relative of the arrested person.
  • At the time of his arrest, he is told by the police what his legal rights is.
  • If the accused is not able to make his own lawyer, he is provided a lawyer by the court. A lawyer of legal aid is attached to each court and is allowed to meet the accused so that he can defend it.

Procedure Of Police Custody 

If a custody is required for interrogation of the accused, at least the sub-inspector can file a remand application before the court. He has to satisfy the court on why the police need a custody.

  • No more than 14 days of police custody can be sought. While seeking remand in the court, the government side has to satisfy the court as to why it is necessary to take the accused on remand.
  • In the court, the defendant side give their arguments and the court decides whether the accused should be remanded to police custody.
  • When the court passes an order to hand over the accused to police remand, the accused is directed to undergo immediate medical treatment so that his medical condition is known.
  • During custody, the accused is continuously medically treated and within 24 hours the accused is allowed to meet his lawyer.
  • If the accused takes any medicine, he will be provided by the police.
  • During Custody, the accused cannot be tortured in any way. The law does not permit it.