RIGHTS OF ARRESTED PERSON GIVEN UNDER CrPc BHAVNI SAHAI Legal Article Thu, Sep 19, 2019, at ,11:22 AM Our constitution is based on fundamental that "Let Hundreds Go Unpunished, But Never Punish An Innocent Person" Right to get a fair representation in a criminal procedure is a facet of Right to Equality (Article 14). Thus, the accused is given fair equality as par with other citizens. Also by the judicial voice, a wider ambit has been given to the right to life and liberty and thus accused are given a human treatment in jails fulfilling the reformative approach (Article 21). The arrest of a person is made in order to ensure his presence at the trial in connection with any offenses to which he is directly or indirectly connected or to prevent the commission of a criminal offense. In law, there is a principle of “presumption of innocence till he has proven guilty” it requires a person arrested to be treated with humanity, Dignity and respectfully till his guilt is proved. In a free society like ours, the law is quite careful toward one’s “personal liberty” and doesn’t permit the detention of any person without legal sanction. One of the landmark authorities which enumerates the guidelines to be followed by arresting authorities in the event of arrest or detention is the Supreme Court’s judgment in the case of D.K. Basu v. State of West Bengal, 1997, The decisions emanating from this case also led to the incorporation of Section 50(a) of CrPc which imposes a legal obligation on the Police to give information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be nominated by the arrested person for the purpose of giving such information. (a) Right to be informed of the ground of arrest. Section 50 (1) of Cr. P.C.: Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offense for which he is arrested or other grounds for such arrest. (b) The obligation of the person making an arrest to inform about the arrest to a nominated person. Section 50 A of Cr. P.C.: [(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place whereas may be disclosed or nominated by the arrested person for the purpose of giving such information. (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person produced, to satisfy himself that the requirements of subsection (2) and sub-section (3) have been complied with in respect of such arrested person.] (c) The right to be informed of the right to bail. Section 50 (2) of Cr. P.C.: Where a police officer arrests without warrant any person other than a person accused of a non-bailable offense, 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. (d) Right to be produced before the Magistrate without delay. Section 56 of Cr. P.C.: Person arrested to be taken before Magistrate or officer in charge of the police station. –A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station. (e) Right of not being detained for more than twenty-four hours. Section 76 of Cr. P.C.: Person arrested to be brought before Court without delay. –The police officer or other person executing a warrant of arrest shall (subject to the provisions of Section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (f) Right of not being detained for more than twenty-four hours without judicial scrutiny. Section 57 of Cr. P.C.: No police officer shall detain in custody a person arrested without warrant for a longer period than under all circumstances of the case is reasonable, and such period shall not, in the absence of special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.