The Indian(Faridabad) laws recognize the rights of an accused person. An individual doesn’t lose his/her human and fundamental rights since our criminal justice system states that an individual is supposed to be innocent until he is found guilty, and even after their arrest or conviction, they’re allowed to possess certain rights. This text talks about the rights of an accused in India(Faridabad) during the process of trial and after conviction, at the time of arrest and search and seizure.
Rights of an Accused Person under Indian Constitution and CrPC
Right to know the reason and details for arrest: Section 50(1) of CrPC states that when an individual is arrested without a warrant, they’re entitled to understand the complete details of offence that they’re being arrested and where an individual is arrested with a warrant, they need to be notified the details of such warrant. Article 22(1) of the Constitution also provides that an individual arrested for an offence under ordinary law be told as soon as could also be the grounds of arrest.
Right of the accused to be presented before the Magistrate: It is stated in Article 22(2) of the Indian Constitution that an arrested person should be taken to the Magistrate within 24 hours of his/her arrest. The arrested person or his/her family members on his behalf can file a petition for writ of habeas corpus if the accused is not presented within this time period.
Protection after conviction of a person for an offence (Under Article 22 of Indian Constitution):
- No person shall be convicted of any offence apart from violation of the law effective at the time of the commission of the act charged as an offence, nor be subjected to a punishment greater than that which could be inflicted under the law effective at the time of the commission of the offence,
- Double jeopardy: Prosecution of a person for the same offence shall not happen more than once.
- No accused person shall be compelled to become a witness against himself.
Presumption of Innocence of accused: The accused is to be presumed innocent until without any reasonable doubt a charge is proved against him.
Right to application for a Bail: Any person who is arrested without a warrant and is accused of a bail able offence has got to be told by the policeman that he’s entitled to be released on bail on payment of the surety amount. Bails areoften filed by an accused with the assistance of a good criminal lawyer who knows everything about criminal law.
Right to a free, fair and speedy trial: The person arrested for an offence must be given free, fair and impartial justice and he should be given a speedy justice for the matter.
Information of arrest to be given to a person nominated by the accused: Section 50A of CrPC states that every arrest of an accused shall without any delay give the details regarding such arrest and place where the accused is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the accused for the purpose of giving such information.
Right to hire a Criminal Lawyer: Article 22(1) of the Indian Constitution states that every accused individual has the right to rent a personal representative. Section 50(3) of the CrPC also lays down that the person against whom proceedings are initiated features a right to be defended by a criminal advocate in India of his choice.
Right to be present during the trial: Section 273 of the CrPC states that only in the presence of the accused or the advocate of accused, evidences and statements should be recorded.
Right to be examined by a Medical Practitioner: Section 54 of CrPC states that the medical examination of the accused must be done by a registered medical practitioner unless the Magistrate thinks that the request is made for the purpose of annoying or to put a delay in justice.
Right to get free Legal Aid: It is the duty of the Magistrate and the Court to inform the accused that he has a right to get a free legal aid.
Arrested person’s Right to privacy against unlawful searches: The privacy of the accused cannot be violated by the police on a mere presumption of an offence. Without a search warrant the property of the accused cannot b raided by the police.
Right to get copies of Documents: The arrested person is served with a right to get the copies of all the documents submitted by the other party in the court.
Right to humane treatment in Prison: The prison authorities should treat the accused humanly as he has this right to get a humane treatment in prison. Not following this may lead to a violation of human right.
Right to appeal in higher court: The right to appeal in the higher court for proving the innocence is also given to the accused.
Right to cross-examination by prosecution: In order to prove his innocence the accused has the right to be cross-examined by the prosecution side.
Information of arrest to be given to a person nominated by the accused: Section 50A of CrPC states that every arrest of an accused shall without any delay give the details regarding such arrest and place where the accused is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the accused for the purpose of giving such information.
Accused person as a competent witness in his defense: Referring to provisions of Section 315 of CrPC, the accused can be a competent witness in his defense and he can also give evidence to disproof the charges that are made against him by the prosecution.
In case of matter pertaining to Criminal Defense in Faridabad you can contact –
Advocate Sunil Kumar Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
