Dr.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

ACADEMIC SESSION:2017-18

ROUGH DRAFT OF CRIMIAL PROCEDURE CODE

ON

RIGHTS OF THE ACCUSED IN THE CONTEXT OF

CRIMINAL JURISPRUDENCE IN INDIA

Submitted to Submitted by:

Dr. PREM KUMAR GAUTAM NAINA CHAWLA

ASST. PROFESSOR (LAW) B.A LL.B (Hons.)

DR. RAM MANOHAR LOHIYA 5th SEMESTER

NATIONAL LAW UNIVERSITY ROLL NO: 88

AIMS AND OBJECTIVES
It aims to establish the rights of the accused under the criminal procedure code and
Constitution of India.Violation of rights and some cases are also discussed.

OVERVIEW
An accused cannot have similar footing with the convicted person. In the Bill of Rights
Ordinance, 1991 affirms that every accused has a right to be presumed innocent until his guilt
is proved. Thus, the accused person has every right like other citizen of the country except his
curtailment of person liberty in conformity with laws. The basic difference is that an
accusation has been made against the accused person for violation of law or offence prevalent
in the country. The rights of the accused person are of much concern today. Belatedly though,
it has been observed the blatant and flagrant violation of their rights in different stages. The
implication of Article 21 of the Constitution of India is that a person could be deprived of his
life or personal liberty only in accordance with procedure established by law. As per Article
22 of Constitution of India, a person who is arrested for whatever reason gets three
independent rights. The accused in India are afforded certain rights, the most basic of which
are found in the Indian Constitution. The general theory behind these rights is that the
government has enormous resources available to it for the prosecution of individuals, and
individuals therefore are entitled to some protection from misuse of those powers by the
government. Most of the rights discussed below have been developed through many years of
case law and as a result some of the rules have become quite complex.

This section should be viewed as an overview of the most significant rights of the accused.

The principal rights discussed in this section are as follows:

 The prohibition against unreasonable searches and seizures.

 The privilege against compulsory self-incrimination.
 The right to a fair and speedy trial.
 The right to the assistance of counsel.
 The prohibition against cruel and ill treatmen
TENTATIVE CHAPTERIZATION
 INTRODUCTION

 DEVELOPMENT OF LAW

 RIGHTS OF ACCUSED UNDER CONSTITUTION OF INDIA

 RIGHTS OF ACCUSED UNDER THE CRIMINAL PROCEDURE CODE

 CRITICAL ANALYSIS

REFERENCES
 http://www.legalservicesindia.com/article/article/legal-protection-available-to-the-
accused-during-a-criminal-trial-1524-1.html

 http://indianlaws.blogspot.in/2012/09/rights-of-accused-under-indian-laws.html

 https://lawlex.org/lex-bulletin/rights-of-arrested-person/4320

 http://defensewiki.ibj.org/index.php/India_Criminal_Defense_Manual_-
_Rights_of_the_Accused_and_Exceptional_Circumstances

 http://www.grkarelawlibrary.yolasite.com/resources/LLM-Const-1-Subas.pdf