CHANAKYA NATIONAL LAW

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UNIVERSITY, PATNA

“RIGHT OF ARRESTED PERSON”

rough draft submitted in the partial fulfillment of the course titled:

code of criminal procedure

Submtted to: preety anand

Asst. Professor of law

Submitted By: Nikhil bharti

Roll No: 2131 (B.A, LL.B) (hons)
Batch: 2019-2024

IN
 Abstract
I am going to present the detailed facts what amounts to arrest and how arrest is made. I will
be dealing with different procedures of arrest. In due course of it, I will mention the
provisions of the CrPC involved in the arrest.

I will more particularly focus on the what are different rights of arrested person. I will
mention the provision of free legal aid if any accused incompetent provide lawyer for
himself.I will try to mention the challenges that are there when we try to follow these
principals and will also try to find out whether or not with these provisions ends of justices
are met.

Introduction

“Every right is a moral as well as legal entitlement to have or do something

Every human is born with certain basic rights that he is entitled to for instance, right to live
and right to freedom etc. Similarly every citizen of every country is presented with certain
rights that are absolutely fair without any prejudice in the spirit of common brotherhood and
conscience like the right to life, right to equality, right to freedom, right to education, right to
equality, right to freedom of religion and many more. However, the same rights of a person
can get surrendered if the person gets detained/ arrested for committing a crime . The accused
persons are also granted certain rights, the most basic of which are found in the Indian
Constitution. The basic assumption 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. An accused has
certain rights during the course of any investigation; enquiry or trial of offence with which he
is charged, and he should be protected against arbitrary or illegal arrest. Here are some rights
are given below;

 Right To Silence
 Right To Know The Grounds of Arrest
  Information Regarding The Right To Be Released On Bail
 Right To Be Taken Before A Magistrate Without Delay
 Rights at Trial
 Right To Consult A Legal Practitioner
  Right to be examined by a Doctor
Provision

Section 50 in the Code of Criminal Procedure, 1973

Person arrested to be informed of grounds of arrest and of right to bail.
(1) Every police officer or other person arresting any person without warrant shall forthwith
communicate to him full particulars of the offence for which he is arrested or other grounds
for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a
non- bailable offence, he shall inform the person arrested that he is entitled to be released on
bail and that he may arrange for sureties on his behalf.
Article- 22 (1) of the Indian Constitution provides that every arrested person has the right to
choose and elect his own lawyer to defend him in the court of law for whatever crime he
may/ may not have committed.
Section- 41D of CrPC allows prisoners to be able to consult with their lawyers even during
their interrogation.
Section- 303 of CrPC allows every alleged convict/ criminal the right to be defended by a
lawyer of his choice even if the criminal proceedings against him have already begun.

Research Questions
 What is the arrest and how arrest is made?
 What are different provisions related to arrest?
 What are the rights of arrested person?
 Is arrest amount to violations of article 21?

Aims and Objectives

 To understand the procedure laid down in section 50, 56 57 167of crpc.
 To understand and find out important case related to arrest.
Research Methodology
Non empirical research: The research will focus more on theories, comprehensive review of
articles, books etc.
Tentative Chapterisation

 What amounts to arrest?

 How arrest is made?
 Rights of arrested person.
 Concept of free legal aid.
 Important cases
 Conclusion and Suggestions.