DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW.

SYNOPSIS

CRPC: RIGHTS OF ARRESTED PERSON IN INDIA

SUBMITTED TO- SUBMITTED BY-

DR. PREM KUMAR GAUTAM, ANIKET SACHAN,
ASSISTANT PROFFESOR OF LAW, ROLL NO- 028,
DR. RMLNLU, LUCKNOW. B.A.LLB (HONS.) SEM V.

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In the following project, I will be dealing with these broad heads. Hence, index will be as per
the following-

INDEX

1) INTRODUCTION
2) HISTORY OF PRISON SYSTEM IN INDIA
3) PRESENT CONDITION AND THE LA
4) RIGHTS UNDER CRIMINAL PROCEDURE CODE, 1973.
5) RIGHTS OF PRISONER.
6) RIGHTS OF PRISONERS UNDER PRISONERS’ ACT
7) CONCLUSION

INTRODUCTION

In the administration of criminal justice the final purpose is to inflict punishment on the
wrongdoer. The purpose behind it is that the Crimes as well as the Criminal habits are to be
stopped, deterrence must be visible, and crimes be eradicated from the Society. Law has
provided some safeguards, securities & protection by laying down the legislation. In other
words whatever the rights which are provided to an accused by law are to be availed to the
suspect accused for fair and free justice.

HISTORY OF PRISON SYSTEM IN INDIA

Jail System in India originated during the reign Lord Macaulay in 1835. A committee was
constituted namely Prison Discipline Committee. This Act has hardly undergone any
substantial change. In 1951, the Government of India invited the United Nations expert on
correctional work, Dr. W.C. Reckless, to undertake a study on prison administration and to
suggest policy reform.

PRESENT CONDITION AND THE LAWS

Fundamental rights of accused, arrestees, detinue, under trials, prisoners and convicts have
been secured by various criminal laws of India and also by Constitution of India. Supreme

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court directions in the D.K. Basu case. The Indian Criminal laws such as Code of Criminal
Procedure 1973, Indian Penal Code 1860, Prisoners Act 1894, India Evidence Act 1872,
Juvenile Justice Act 2000, Probation of Offender Act 1958, NDPS are the protector of the rights
of above classes. All the citizens have been held to have a number of rights under corresponding
Articles 21, 14 & 19 of Constitution of India in all the circumstances

UNDER CRIMINAL PROCEDURE CODE, 1973.

1) RIGHT TO KNOW THE GROUNDS OF ARREST

According to Section 50(1) of Crpc., Every police or other individual capturing any
individual without warrant might forthwith convey to him full particulars of offense for
which he is captured or different reason for such capture.
INFORMATION REGARDING THE RIGHT TO BE RELEASED ON BAIL
As per section 50(2) of Crpc. states that “where a police officer arrests without warrant
any person other than a person a person accused of a nonbailable offence, he shall
inform the person arrested that he is entitled to be released on bail and that he may
arrange for sureties on this behalf.
2) RIGHT TO BE TAKEN BEFORE A MAGISTRATE WITHOUT DELAY
Section 56 of Crpc. states that "Individual captured to be taken before Magistrate or
officer accountable for police headquarters A cop making a capture without warrant
might, immediately and subject to the arrangements thus contained as to safeguard, take
or send the individual captured before a Magistrate having purview for the situation, or
before the officer responsible for a police headquarters".
The same has been counted in the Constitution as a Fundamental Right under Article
22(2).
3) RIGHT TO CONSULT A LEGAL PRACTITIONER
Each individual who is captured has a privilege to counsel his very own legitimate
professional decision. This has been cherished as a key appropriate in Article 22(1) of
the Constitution of India, which can't be denied regardless.. Section 303 additionally
gives that any individual against whom procedures are established under the Code may
of right be shielded by a pleader of his decision.

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RIGHTS OF THE PRISONERS

Following are the rights of prisoners which are implicitly provided under the Article 21 of the
Constitution of India.

 Right of inmates of protective homes

 Right to free legal aid
 Right to speedy trial
 Right against cruel and unusual punishment
 Right to fair trial
 Right against custodial violence and death in police lock-ups or encounters
 Right to live with human dignity

PRISONER’S RIGHTS UNDER THE PRISONS ACT, 1894

Following Sections of the Prisons Act, 1894 are related with the reformation of prisoners.

 Accommodation and sanitary conditions for prisoners.

 Provision for the shelter and safe custody of the excess number of prisoners who
cannot be safely kept in any prison.
In the year of 2016 the Parliament has been passed the Prisons (Amendment) Bill, 2016 to
amend the Prisons Act, 1894 with a view to provide protection and welfare of the prisoners.

CONCLUSION

It is for the most part trusted that notwithstanding the different protects in the Crpc. and
additionally the in the Constitution, the energy of capture given to the police is being abused
till this day. It is additionally trusted that the police frequently utilize their position of influence
to debilitate the captured people and exploit their office to coerce cash. There have likewise
been endless reports on custodial brutality that persuade that hardship of fundamental
privileges of the captured people has turned out to be typical these days.