Rights of arrested person in India | Arrest without warrant | Rights

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2. Legal Legal rights in in India India rights of of arrested arrested person person Arrest Arrest without without a a Warrant Warrant To make an arrest the police need a warrant. A warrant is a written affidavit that allows the police to arrest the person named in it. A judge signs the warrant if the police provide sufficient grounds of suspicion. In some cases, if the police suspect a person of committing a cognizable crime, they can arrest warrant warrant. If the accused challenges the warrant then police officers have to justify the evidence. Right Right To To Silence Silence According to the Right to silence, it is the choice of accused to stay quiet and not to say anything until their lawyer is consulted. This law protects the accused against incrimination before any conviction is imposed. It is the rights rights of of arrested arrested person person under about the charges imposed on them. No one can corrosively extract statements from the accused, who has the right to remain silent but only in the court. It is not clear if the arrested can exercise their right to silence during interrogation by police officers. Police officers use interrogation techniques like nacre- analysis, brain mapping and lie detection which annul the legality of the Right to Silence. The Supreme Court in 2010 declared that these tests violate article 20(3). Article 20(3) states that “no person accused of any offence shall be compelled to be a witness against himself.” arrest without without under CRPC CRPC to speak

3. No No Unnecessary Unnecessary Restraint It is the right of an arrested person under CRPC that police should use no more restraint than is necessary to prevent escape. Restraint should not lead to death. Before keeping a person under any form of restraint there must be an arrest. Using restraints without an arrest is illegal. Restraint No No Detention Detention for Police should bring the arrested person before the court within 24 hours of the arrest. Police officers cannot detain a person for more than 24 hours without a warrant. The time period should not exceed 24 hours excluding the time of the journey from the place of arrest to the courtroom. Police officers will be held guilty if there is a violation of this right. for More More Than Than 24 24 Hours Hours

4. Right Right to It is the right of the accused to consult a counsel of their choice. The government provides them with free legal legal aid aid. Thus, every person has access to a counsel even if they cannot afford one, to ensure a fair trial. to Free Free Legal Legal Aid Aid free

5. Right Right to It is the rights medically examined so they can efficiently defend and protect themselves. Only a lady doctor can examine a female. It is the duty of the person having charge of the accused to take care of their health and safety. Right Right to to Bail Bail Offences are either boilable or non-boilable. If a person is arrested for a boilable offence, then they can ask for all the relevant details of the bail including the information about bail amount. to Medical Medical Assistance Assistance rights of of arrested arrested person person under under CRPC CRPC to get Freedom Freedom to It is the It is the rights of accused person to freely communicate with the judge and talk about the issues communicate with the judge and talk about the issues they are dealing inside the jail. they are dealing inside the jail. to Communicate Communicate With With Magistrate Magistrate to freely

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