Introduction:
India follows a reformative theory of punishment which helps the convicted persons to not repeat or involve themselves in any such offence. The famous saying “Once a criminal always a criminal” does not fit well in the society. The principle followed in India is that “Hundred criminals can go unpunished but an innocent should not be punished”. Not every citizen has a right to arrest. Only the police officers under the control of the government can arrest a person. A person arrested cannot be termed as the one who has committed the offence. An arrested person is considered to be innocent unless proven guilty by the court of law.
The term “accused” is nowhere defined in the Indian Constitution or the Code of Criminal Procedure. (Cr.P.C.). As per Black Law Dictionary, the term accused is defined as “the generic name of the defendant in a criminal case”[1]. An arrested person is subject to certain restrictions as such his freedom to movement has been violated. However, there are certain rights exclusively available for an arrested person mentioned by the Constitution and also by the Human Rights Commission.
Rights under the Indian Constitution
Article 21 of the Constitution details about the right to life and personal liberty. A broad array of rights are covered under the article: the right to a speedy trial, right to be treated with dignity, right to free legal aid, right to privacy, etc., The procedure followed by the authorities must be just, fair and reasonable[2]. Article 20(3) of the Constitution states that “No person accused of any offence shall be compelled to be a witness against himself”. A person’s decision to stay silent or refuse to answer will not offend the fundamental right gained under article 20(3). Thus a person is protected to the extent that no self- incriminating statement made by an accused to the police officer while he is in custody could be used against such maker.
The Court further stated that even at the stage of police interrogation by way of an investigation into an offence, a person can be an accused and such a person can claim protection under Article 20(3)[3]. The Article 22 affirms that “No person shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by, a legal practitioner of his choice[4]. This right is applicable only to the citizens and not to an alien.
Rights under Criminal Proceedings
The offences committed can be classified as cognizable and non-cognizable offences. Most of the offences are cognisable offence in which the police officer can arrest a person without any warrant and they are duty-bound to file a First Information Report (FIR) under section 154 of Code of Criminal Procedure (Cr.P.C.). Certain inbuilt rights of the accused include:
- Presumption of Innocence:
It is always understood that the presumption of innocence is on the side of the accused. Unless he is proven guilty by the Court, he is considered to be innocent.
- Right to remain silent:
The right to remain silent is a common law principle. Merely because a person is silent does not mean he has committed an offence. A person can break his silence in front of a Magistrate or even to a police officer without any inducement or fear.
- A person cannot be detained for more than 24 hours:
As mentioned in Section 57 of the Cr.P.C., a person cannot be detained for more than 24 hours. The police officer must produce the arrested person to the Magistrate within the stipulated time. In the case of Khatri v. State of Bihar, it was stated that this provision makes it convenient for the Magistrates to keep an eye on the police investigation and that they should try to enforce it.[5] If the person is not produced before the Magistrate within the said time, then the arrest by the police officer is treated to be wrongfully detained.
- Person to be informed on the grounds of arrest:
As per section 50(1) of the Act, any police officer or any person arresting a person without a warrant must inform him of the grounds for his arrest for the offence he committed.
- Right to free legal aid:
The right to free legal aid is a constitutional mandate and it cannot be denied if the accused failed to apply for it. This right to apply for free legal aid commences right from the moment the accused is produced in front of the Magistrate.
- Right to a fair and speedy trial:
As per article 14 of our Constitution, the open trial must be held in a fairway. Depending upon the nature of the offence and in accordance with the Magistrate, the trail can also be in-camera proceedings. The right to a speedy trial is not explicitly stated in the Constitution. But this right has been interpreted in various cases and it is the duty of the Magistrate to conduct the trial as early as possible unless the Magistrate receives and accepts that there lays a cause to delay the investigation.
- Right against unnecessary restraint:
The police officer must use only the necessary amount of restraint to the arrested person from not being escaped. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape[6].
Conclusion
The Indian Constitution has also recognised the rights of the arrested person and the Code of Criminal Procedure lays down the limitation of the police officer during searches. However, the power of the police officer is misused till date and the innocents are made subject to the investigation. Thus the State must take measures to educate that “the motive is not to punish but to reform the offenders from further commission of any offence”.
References:
[1] Black’s Law Legal Dictionary, 4th Edition.
[2] Maneka Gandhi v. Union of India, AIR 1978 SC 597.
[3] Nandini Satpathy v. P.L.Dani, AIR 1978 SC 1025.
[4]Article 22 of the Constitution of India.
[5] Khatri v. State of Bihar, AIR 1983 SC 378.
[6] Section 49 of the Code of Criminal Procedure.
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