This article is written by Anushka Goyal.Table of Contents
AFTER ARREST PROCEDURES
What is Arrest?
In very simple words, an arrest can be defined as keeping in custody of the law or apprehending a person under the law. It is a crucial stage in the investigation of a crime because not only does it aid the police in making their investigation process easier, it prevents the person from committing more such offenses in the future, it also aids the judicial process of trying said individual for acts done by them. The word originates from the French Verb “Arreter” which means to stop, stay, or confine. The arrest might not necessarily only deny a person their physical liberty to move but also prevent them from performing certain tasks and doing things that they otherwise would have been easily able to do.
Introduction
The Indian Constitution provides several rights to all Indian citizens through several different provisions and articles mentioned in it. Some of these constitute the Fundamental Rights such as the Right to Life and Personal Liberty mentioned under Article 21[1] of the Constitution which allow a person the right to life and a life with personal liberty. Further, Article 19[2] of the Constitution also provides for freedoms of different kinds to all individuals who are citizens of the country. These rights along with many other rights are fundamental i.e. they cannot be denied to anybody and can also not be amended by the parliament. Despite this fact, they may be temporarily suspended in situations such as an emergency.
Further, an accused does have rights mentioned in various laws and the Constitution itself whether be it at the time of arrest or while in custody, these rights are ensured through the law and are necessary to prevent the accused from being abused or mal- treated. The procedure that is followed after arresting a person is just as important as any other part of the investigation or the trial, for an arrested person may not necessarily be the offender or even if he might be held still is an Indian Citizen with certain rights of his own. The procedure followed also makes things easier for the Judicial Trial and deviation from the set path and rules preceding and following the arrest of an individual may lead to an obstruction in the system and the people responsible for it may also be punished for their faults or negligence.
Types of Arrests
- Arrest with a Warrant
- Arrest without a Warrant
Procedure for Arrest
The person making the arrest must be physically touched or restrained by the police officer or another person in accordance with Section 46 of the Code of Criminal Procedure (CrPC). A female police officer ought to be present when a woman is arrested; in the event that this is not feasible, the woman’s verbal surrender to the authorities could be regarded as a valid arrest. However, a male police officer has the right to arrest a female under exceptional situations. Furthermore, if it is determined that the subject is resisting or attempting to elude the arrest, force may be applied in accordance with Section 46(2) to confine and arrest the subject.
Further, Section 43 of the CrPC provides that arrest may also be made by a private individual if the arrested person commits a non-bailable offence or if no time can be wasted before taking him to the authorities after making such an arrest.
Section 44 of CrPC also provides that if an offence is committed in the presence of a magistrate he, himself holds the power to arrest the offender and may submit him to custody.
Rights of Arrested Person
The fundamental rights of arrested person are enshrined to ensure justice and protect individual liberties. These rights include:
- Right to Know the Grounds for Arrest
- Right to Legal Representation
- Right to be produced before a Magistrate
- Right to be Released on Bail
- Right to a Just and Fair Trial
- Right to Remain Silent
- Right to a Medical Examination
Right to Know the Grounds for Arrest:
A person placed under arrest is not allowed to be held in jail without first being told the grounds for their incarceration, as stated in Article 22 of the Indian Constitution. In addition, the detainee must be presented the arrest warrant that has been issued against them or notified of its contents, together with the reasons for the arrest, according to Sections 50, 50A, and 75 of the Code of Criminal Procedure (CrPC). Joginder Kumar v. State, a seminal ruling, reinforces the idea that an arrest should not be done out of pure suspicion but rather on the basis of legitimate, justified grounds.
Right to Legal Representation:
An arrestee also has the right to a legal representative whom he chooses as given under Article 22 of the Indian Constitution and he shall be provided one by the state if he cannot afford one. Also, Section 303[3] of the CrPC takes care of the rights of the person against whom any court proceedings are instituted. Under this section, such a person has the right to be defended by a legal representative of his choice. Section 304[4] of the Code also provides that if the person himself isn’t able to afford a legal representative on his own he shall be provided one by the state on its own expense so as to allow that person a right to a free trial and the right for them to defend themselves.
Right to be produced before a Magistrate:
Article 22(2) of the Constitution provides that a detained individual has the right to be produced before a magistrate within 24 hours of the arrest, removing time for the necessary journey to reach such a magistrate. Sections 55[5] and 76[6] of the CrPC also support this.
Right to be Released on Bail:
Any individual who is taken under custody by a police officer after being charged with a crime other than one for which bail is not mandated is entitled to information about their right to be released on bail as well as the ability to arrange sureties for such a bail, according to Section 50(2) of the CrPC.
Right to a Just and Fair Trial:
Every citizen of India is should receive equal treatment under the law, free from discrimination and bias, according to Article 14 of the Indian Constitution, which also mentions about equality before the law. In addition, the Supreme Court has maintained in a number of Judicial Precedents that everyone has a constitutional right to a timely trial under Article 21 and that the court works to protect this fundamental right for anybody who may require it. The court also addressed it in its seminal ruling in Hussainara Khatoon v. Home Secretary, State of Bihar.
Right to Remain Silent:
Everyone who is accused has the right to refuse to be forced to testify against themselves under Article 20(2) of the Constitution. The right to silence is also granted to those who are detained under this article and, to a certain extent, under Article 19, as the court’s ruling in the Bijoe Emmanuel v. State of Kerala case established that the right to freedom of speech and expression includes the right to silence.
Right to a Medical Examination:
Every arrested individual has the right to undergo a medical examination to identify previous illnesses or sometimes under Section 54[7] of the CrPC such medical examination may be requested so as to prove innocence of the accused by himself.
Landmark Case of D.K. Basu
The court’s ruling in D.K. Basu v. State of West Bengal proved to be historic since it established rules that must be followed in all arrest cases and specified rights that must be granted to the arrested party. Reducing and averting the sheer number of deaths in custody was the main goal of this. This case went on to become famous, and many of the rules that were established there are being followed today since they are still applicable and an essential component of the arrest process.
Conclusion
Thus, after arrest procedures of an arrested person along with his rights play a crucial role in ensuring smooth dispensation of justice and a fair trial for all. Taking note of and sticking to after-arrest procedures is essential for dispensing justice and safeguarding the rights of all the people involved in the criminal justice system. The whole process has evolved either time, as and when the need for a change has arisen, it has happened.
This process is just as necessary as any other law related aspect of the society if not more because it not only deals with the rights and the security of the victims of the crimes but also those who are accused of or known to have committed the crime. herefore, in conclusion, even an accused has some rights that are fundamental in nature and a certain procedure must be followed for the arrest of and the trial of an accused.
https://indiankanoon.org/doc/1199182/ ↑
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