Introduction
An arrest can be a stressful and intimidating experience. Many people are unaware of their rights, which can lead to unnecessary fear or even misuse of authority. At Sumantu Law Associates, we believe knowledge is your first line of defence. Here’s a clear guide to your legal rights if you or someone you know is arrested in India.
1. The Right to Know the Reason for Arrest
Under Section 50 of the Code of Criminal Procedure (CrPC), the police must inform you of the reason for your arrest and the charges against you. They must also inform you if the offence is bailable or non-bailable.
2. The Right to Legal Representation
Article 22(1) of the Constitution ensures that every arrested person has the right to consult a lawyer of their choice. If you cannot afford one, legal aid can be provided at the State’s expense.
3. The Right to Remain Silent
You are not obliged to answer any question that could be self-incriminating, as per Article 20(3) of the Constitution. This is crucial to protect you from being compelled to confess under pressure.
4. The Right to be Presented Before a Magistrate
Section 57 of the CrPC mandates that the arrested person must be produced before a Magistrate within 24 hours. Failure to do so amounts to illegal detention.
5. The Right to Medical Examination
You are entitled to request a medical examination if you have any injuries or health concerns. This can serve as evidence if you have been mistreated.
Conclusion
Knowing your rights ensures you can protect yourself against unlawful actions and demand fair treatment. At Sumantu Law Associates, our criminal defence team is committed to safeguarding these rights at every stage of legal proceedings.
