RIGHTS OF AN ARRESTED PERSON

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 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.
Although an arrested person too has certain rights that explained below.

The legal system in India is established on the platform of “innocent till proven guilty”.
An unlawful arrest of an individual can be a violation of Article- 21 of the Indian
Constitution that states, “no human shall be denied of his right to life and personal.
liberty except if established by law” which means that the process must be fair, clear and
not arbitrarily or oppressive.1

The code has not defined the term arrest. The term arrest means apprehension of a person.
by legal authority to cause deprivation of liberty. As per Legal Dictionary by Farlex,

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2-Arrest and Rights of arrested person (legalserviceindia.com)
3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
Arrest means a seizure or forcible restraint; an exercise of the power to deprive a person.
of his or her liberty; the taking or keeping of a person in custody by legal authority,
especially, in response to a criminal charge.
In R.R. Chari v. State of Uttar Pradesh, the apex court defined arrest as the act of being.
taken into custody to be formally charged with a crime. The court observed that in a
Constitutional sense, it means the seizure of a person (body of a person)
In State of Punjab v. Ajaib Singh, the court observed that arrest is the physical restraint put.
upon an abducted person in the process of recovering and taking that person into legal
custody with or without any allegation or accusation of any actual or suspected.
commission of the offence.
The elements necessary to constitute arrest were summarized by the Madras High Court in
Roshan Beevi v. Joint Secy. To the Govt. of Tamil Nadu. The vital elements required to
institute arrest is:
1. There must be an intent to arrest under legal authority.
2. There must be seizure or detention of the person,
3. The person must be in the lawful custody of the arresting person and
4. The act of arrest must include the actual confining of the person and not mere oral.
declaration of arrest.2

RIGHTS OF AN ARRESTED PERSON UNDER THE INDIAN

CONSTITUTION

India had been fighting for basic human rights and civil liberties with Britishers in order.
to win the battle for freedom. Now, since the beginning and existence of a civilized
society human race has always been conscious of justice and has frowned at efforts to.
intervene with individual Liberty and dignity. The Indian Constitution has provided for.
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2-Arrest and Rights of arrested person (legalserviceindia.com)
3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 basic rights to all individuals, which includes accused/arrested persons. These rights and
safeguards are assumed to be followed by authorities in the process of criminal justice.
administration. Article 21, is one of the most crucial provisions by the Indian
Constitution, no person can be deprived of his life and liberty except in accordance with
law.
Articles 20 and 22, lay down the procedures to be followed, which if stand to be violated,
would result in deprivation of personal liberty.

Article 20
Article 20 of the Indian Constitution basically provides for three kinds of protection/
safeguards to an arrested/accused person.
1. Protection against ex-post facto law A.20(1)
2. Guarantee against double jeopardy A.20(2)
3. Privilege against self-incrimination A.20(3)

Article 22
Article 22 deals with two separate matters
1. Persons arrested under the ordinary law of crimes and,
2. Persons detained under the law of “preventive detention.”

The clauses enshrined within article 22 guarantees four rights on a person who is
arrested.
for any offence under an ordinary law :
a. The right to be informed “as soon as may be” of the ground of arrest.
b. The right to consult and to be represented by a lawyer of his own choice.
c. The right to be produced before a magistrate within 24 hours.
d. The freedom from detention beyond the said period except by the order of the
magistrate.
The rights specifically mentioned in article 22 clause (1) and (2) are guaranteed to.
arrested persons who may be citizens or non-citizens and not to persons arrested and
detained under any law that provides for preventive detention.

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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 Article 39-A
The state is under a constitutional mandate (implicit in Article 21 of the constitution,
explicit in Article 39-A of the constitution-a directive principle) to provide free legal
aid.
to an indigent accused person. In Khatri (II) V. State of Bihar (1981) 1 SCC 627: 1981
SCC (Cri) 228, the Supreme Court has held that the State is under a constitutional
mandate to provide free legal aid to an indigent accused person, and that their
constitutional obligation to provide legal aid does not arise only when the trial
commences.
but also, when the accused is for the first time produced before the Magistrate as also.
when he is remanded from time to time. However, this constitutional right of an
indigent
accused to get free legal aid may prove to be illusory unless he is produced before.
promptly and duly informed about it by the court when he is produced before it. The
Supreme Court has therefore cast a duty on all Magistrate and courts to inform the
indigent accused about his right to get free legal aid.

RIGHTS OF AN ARRESTED PERSON UNDER THE CRIMINAL

PROCEDURE CODE

As we have already dealt with certain constitutional provisions relating to

the rights available to an arrested person, it is imperative to understand and
be aware of all the mandatory rights that are available to every arrested
individual. The criminal procedure code lays down lucidly, several rights to
any individual arrested by any authority in the state. These rights are :

1. Right to be informed of the grounds of arrest

In every case of arrest, whether with or without a warrant, the person

arresting shall communicate to the arrested person, without delay, the

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2-Arrest and Rights of arrested person (legalserviceindia.com)
3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 grounds for his arrest . This is a 3 precious right which has been upheld
and recognized by our Indian Constitution as one of the fundamental
rights. Timely information of the grounds of arrest, serves the arrested
person in many crucial ways. Other than the fact that it provides with an
opportunity to remove any kind of misunderstanding or misapprehension
in his mind, it also enables him to apply for bail or for a writ of habeas
corpus, or to make any other expeditious arrangements for his defense.
The rules emerging from decisions such as Joginder Kumar vs State of
U.P (1994) 4 SCC 260, as well as D.K. Basu vs State of West Bengal
(1997) I SCC 416, under the head “Decision to arrest” , has been enacted
in section 50-A. This makes it obligatory on the part of the police officer
not only to inform the friend or relative of the arrested person but also to
make an entry in the register maintained by the police. It is essential to
note that this right is not dispensed with by offering to make bail to the
arrested person.

2. Right to be informed of the right to bail

Every police officer arresting without a warrant, any person other than a
person accused of a non-bailable offence, is required to inform the person
arrested that he is entitled to be released on bail and that he may arrange
for sureties on his behalf .

3. Right to be produced before a magistrate without delay

In case of every arrest. Whether the arrest has been made with or without
a warrant, the person arresting is required, without unnecessary delay and
subject to the provisions regarding bail, to produce the arrested person
before the magistrate or court having jurisdiction in the case .

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2-Arrest and Rights of arrested person (legalserviceindia.com)
3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 4. Right of not being detained for more than 24 hours without judicial
scrutiny.

In case of every arrest, the person making the arrest is required to

produce the arrested person before the magistrate. It has been
categorically provided that such a delay in no case shall exceed 24 hours
exclusive of the time necessary for the journey from the place of arrest to
the Court of Magistrate. If this provision is not complied with, it leads to
detention which will be unlawful in the case. Once the arrested person is
brought before the magistrate, it is the duty of the magistrate to either
release him on bail or remand him. In the case of Hari Om Prasad vs.
State of Bihar, (1999) 5 SCC 700, the Patna High Court rules that such
remand will continue until the trial is over. Illegal detention may entail
award by compensation by the Court . The question that comes up is,
when does the 24 6 hours in question begin ? This was clearly answered
by the Court in Ashok Hussain Allah. Detha vs. Collector of Customs
(1990) Cri LJ 2201, wherein it was held that the arrest commences with
the restraint placed on an individual’s personal liberty and not with the
time of arrest recorded by the arresting officer.

5. Right to consult a legal practitioner

Both the Constitution as well as the provisions of the criminal procedure

code recognize the right of every arrested person to consult a legal
practitioner of his own choice. This right commences from the moment
of arrest. The consultation with the lawyer may be in the presence of a
police officer but not within his hearing, this was the observation of the
Supreme Court in the case of Directorate of Revenue Intelligence vs.
Jugal Kishore Samra (2011) 12 SCC 362. According to the new provision
inserted in the code, by way of section 41-D, any person who is arrested
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2-Arrest and Rights of arrested person (legalserviceindia.com)
3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 and interrogated by a police officer shall be entitled to meet an advocate
of his choice during the interrogation. However, this right is not available
throughout the interrogation.

6. Right of an arrested indigent person to free legal aid and to be

informed about it.
In an important case of Khatri(2) vs State of Bihar (1981) I SCC 627, the
Supreme Court held that the state is under a constitutional mandate to
provide free legal aid to an indigent accused person, and that this
Constitutional obligation does not arise only when the trial commences
but also when the accused id for the first time produced before the
Magistrate as also as when he is remanded from time to time. The
Supreme Court has gone a step further in the case of Suk Das vs. UT of
Arunachal Pradesh (1986) 2 SCC 401, wherein it has been categorically
laid down that this right cannot be denied if the accused failed to apply
for it.

7. Right to be examined by a medical practitioner

Every person who is arrested has the right to be examined, soon after the
arrest, by a medical officer in the service of the Central or State
Governments . In the absence of such 7 a medical officer, the arrested
person shall be examined by a registered medical practitioner. The
medical officer shall prepare a record of such examination and shall
mention therein any such injury or arks of violence upon the person
arrested, and the approximate time such injuries may have been inflicted.

SPECIAL PROVISION FOR ARRESTED FEMALE

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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 Although the law is equal for everyone, and there should not be any
discrimination, there are still some exceptions. Women are often given
special treatment in the eyes of the law, as it is believed that women are
one of the members of the vulnerable groups of our society. They are not
physically as strong as men, and thus all the laws which are meant for
men cannot be applied as it is upon women.

The Criminal Procedure Code (CRPC) has mentioned some of the

exclusive rights which are given to the women at the time of their arrest.
These rights are as follows:

• When a woman is supposed to be arrested, it is the rule that only a

female police officer can arrest that woman. The male officer cannot do
the same.
• Unlike men, women cannot be arrested after sunset and before sunrise.
In case a woman has committed a severe crime, it is compulsory for the
police officer to get in writing from the Magistrate the reason for the
urgency to arrest during the night.

• A female shall only be allowed to be examined by or under the

supervision of a female, registered medical practitioner

• If a female is supposed to be searched, it should be done only by

another female by maintaining proper decency. This is mentioned under
Section 51(2) of CRPC.

• A female suspect should only be interrogated in the presence of a

female police officer

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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 • When a female is arrested for a non-bailable offense, even if the crime
is severe, (punishable by the death penalty), the court can still release her
on bail. This special and pertinent right is mentioned under section 437
(1)(ii) of CRPC.

• The most important right which was mentioned under the case of Sheela
Bares v. State of Maharashtra [(1983) AIR 378] was that it is the duty of
the police officer who is making the arrest to keep the arrested woman in
a separate lock-up in the police station. The male and female accused
should be kept separately in a different lockup to avoid the sexual
harassment of female inmates.

• According to the Provision of Section 160(1) of CRPC, a female should

only be questioned at their place of residence. They should not be called
to the police station or any other place for the aforesaid purposes. This is
the right of not being physically present at the police station for
interrogation provided to the Indian women.

• A female shall only be allowed to be medically examined by or under

the supervision of a female, registered medical practitioner

If the police officer does not abide by the above-mentioned rules, the
female can stop the officer right away and remind him about her
exclusive rights. She can complain against the police officer to the
Station House Officer (SHO), who is the in-charge of the police station.

CONSEQUENCES OF NON-COMPLIANCE WITH THE

PROVISIONS RELATING TO ARREST
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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 Now that we have discussed the rights of an arrested person, the
substantial question that follows is, what repercussions follow in case
such rights have been violated or not complied with ? Every individual’s
right or liberty that has been compromised, should be made aware of the
legal outcomes of such violation.

1. A trial will not be void simply because the provisions relating to arrest
have not been fully complied with.

2. Though the irregularity or illegality in making an arrest would not

vitiate the trial of the arrested person, it would be material if such a
person is prosecuted on a charge of resistance to or escape from
lawful custody.

3. If an arrest is illegal, the person who is being so arrested can exercise

the right of private defense in accordance with, and subject to, the
provisions contained in sections 96-106 of the Indian Penal Code.

4. If a public servant, having the authority to make an arrest, knowingly

exercises authority in contravention to law and effects an illegal
arrest, he can be prosecuted for an offence under section 220 of the
Indian Penal Code.

5. Apart from the special provision mentioned above in point 4, any

person who illegally arrests another is punishable under section 342 of
the Indian Penal Code for wrongful confinement.
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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 6. If an arrest is illegal, it is a tort of false imprisonment, and the arrested
person is entitled to claim damages from the person who made such
an arrest.

The Supreme Court has categorically ruled out in the Nilabati Behera
(1993) 2 SCC 746 case that victims of unlawful arrest and detention
have the right to compensation. It is noteworthy to mention here that
the provisions relating to arrest cannot be bypassed by alleging that
there was no arrest but a mere informal detention. Even informal
detention or any kind of restraint by police is no authorized by law .

LAW COMMISSION OF INDIA - RECOMMENDATIONS ON

THE LAW OF ARREST IN ITS 177TH REPORT

The Law Commission of India prepared a controversial report on the

laws of arrest. In its 177th report it had put forward proposals to
amend the laws on arrest as prescribed in the Criminal Procedure
Code. Some of these proposals may have been put forth keeping in
view the rights of arrested individuals. The proposed reforms are :

(1) No person shall be arrested for offences which are at present

treated as bailable and non-cognizable; in other words, a court
shall not issue an arrest warrant in respect of these offences. Only
a summons to be served through a court processserver or by other
means (but not 30 through a policeman) may be issued. For this
purpose, the very expression “bailable” may have to be changed.
The expression “bailable” implies an arrest and an automatic bail
by the police/court. There appears no reason to arrest a person
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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 accused of what is now categorized as bailable- non-cognizable
offences.

(2) In respect of offences at present treated as bailable and cognizable

no arrest shall be made, but what may be called an “appearance
notice” be served upon the person directing him to appear at the
Police Station or before the magistrate as and when called upon to
do so, unless there are strong grounds to believe - which should be
reduced into writing and communicated to the higher Police
officials as well as to the concerned magistrate - that the accused is
likely to disappear and that it would be very difficult to apprehend
him or that he is a habitual offender. (In case of the latter ground,
material in support of such ground shall be recorded.)
Accordingly, the expression “bailable” shall be omitted in respect
of these offences and they should be termed simply as cognizable
offences. Section 41 may be amended appropriately to provide that
in case of these offences, no arrest shall be made except in the
situation mentioned above. offences. Section 41 may be amended
appropriately to provide that in case of these offences, no arrest
shall be made except in the situation mentioned above.

(3) In respect of offences punishable with seven years’ imprisonment

or less (with certain exclusions) and which are at present treated
by the Code of Criminal Procedure as non-bailable–cognizable
offences – should be treated as bailablecognizable offences and
dealt with accordingly. So far, the offences excluded from this
category are concerned, they shall continue to be treated as non-
bailablecognizable, as at present.

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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 (4) In respect of non-bailable-cognizable offences punishable with
more than seven years imprisonment, no change is proposed in the
existing law.

General principles to be observed in the matter of arrest.

The following general principles shall be observed in the matter

of arrest for offences (other than those offences for which the
punishment is life imprisonment or death but not. offences where
the punishment can extend up to life imprisonment) shall be
followed: -
(a) where it is necessary to arrest the accused to bring his
movements under restraint to infuse confidence among the
terror-stricken victims or where the accused is likely to
abscond and evade the process of law.

(b) where the accused is given to violent behavior and is likely to

commit further offences unless his movements are brought
under restraint or the accused is a habitual offender and unless
kept in custody are likely to commit similar offences again.

(c) where the arrest of the persons is necessary to protect the

arrested person. himself; or

(d) where such arrest is necessary to secure or preserve evidence of

or relating to the offence; or

(e) ) where such arrest is necessary to obtain evidence from the

person concerned in an offence punishable with seven years or
more, by questioning him. In this connection, reference may be
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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 made to section 157 of Code of Criminal Procedure which says
that where a police officer proceeds to investigate the facts and
circumstances of a case (on receiving information about
commission of an offence), he shall arrest the offender, only
where it is “necessary”. Subsection (1) of section 157, insofar
as relevant reads as follows:

Representatives of registered NGOs to be entitled to visit

police stations.

A common complaint often heard in this connection is that

quite often a person is. detained in Police custody without
registering the crime and without making any. record of such
detention/arrest. Persons are kept for number of days in such.
unlawful custody and quite often subjected to ill-treatment and
third-degree methods. In order to check this illegal practice,
there should be a specific provision in the Code of Criminal
Procedure creating an obligation upon the officer incharge of
the Police Station to permit representatives of registered non-
government organizations to visit the Police Station at any time
of their choice to check and ensure that no persons are kept in
the Police Stations without keeping a record of such arrest and
to ensure further that the provisions of the Constitution and the
Code of Criminal Procedure are being observed. For this
purpose, a procedure must be devised for registration of
genuine NGOs and a record must be kept of their
representatives.

No arrest or detention for questioning

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3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 It is also necessary to provide that no person shall be arrested or
detained by police merely for the purpose of questioning. 35 Such
arrest or detention, it is obvious, amounts to unwarranted and
unlawful interference with the personal liberty guaranteed by
Article 21 of the Constitution.

CRITICAL ANALYSIS AND CONCLUSION

The reason rights have been provided to arrested persons is

because it is crucial to understand that an arrested person does not
cease to become human. Article 21 in a broad spectrum guarantees
the right to life and personal liberty to all, therefore citizen or
noncitizen, criminal or innocent whatever the case may be, this
right has been enshrined to all. Except in cases where the law feels
that such a right may be deprived to an individual.

The rights of an arrested person are intended to strike a balance

between the needs of the police in one hand and the protection of
human rights of citizens from oppression and injustice at the hands
of law enforcing agencies. These rights haven created with a view
to prevent arrest and detention for the purpose of extracting
confessions, or to compel someone for information, to prevent
police stations being used as prisons - a purpose for which they are
unsuitable, to afford an early recourse to judicial officer
independent of the police an all questions of bail or discharge .

1-https://www.helplinelaw.com/employment-criminal-and-labour/RAPI/rights-of-an-arrested-person-
in- 1 india.html
2-Arrest and Rights of arrested person (legalserviceindia.com)
3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)
 The powers conferred in the hands of police authorities may lead
to their misuse, therefore, a well thought provision (to provide
rights to an arrested person) was carved out . A well-known saying
that “with great power comes great responsibility” has a universal
applicability. In even in such cases, its application holds
considerable value. Power in the hands of any corrupted person
will always lead to its exploitation. Scrutinizing and keeping a
check on such powers is an absolute must.

"Human rights" as the expression goes, encompasses the

fundamental principles of humanity and these are the rights which
every human being is entitled to enjoy based on the fact of being
born human. Indeed, the conception of rights, which every human
being is entitled to enjoy by virtue of being a member of the
human society, has evolved through the history of struggles for the
recognition of these rights. The dictionary meaning of the word
right is a “privilege”. Great emphasis has been placed on
international conventions and their implementation in order to
ensure adherence to a universal standard of acceptability .

1-https://www.helplinelaw.com/employment-criminal-and-labour/RAPI/rights-of-an-arrested-person-
in- 1 india.html
2-Arrest and Rights of arrested person (legalserviceindia.com)
3 Section 50, 55 & 75 od C.R.P.C
4 Section 50(2) of C.R.P.C
5 Section 56 and 76 of C.R.P.C
6 D.G. and I.G. of police vs. Prem Sagar (1999) 5 SCC 700
7 Section 54(1) by amendment act, 2008
8 R.V.Kelkar’s lectures on criminal procedure p. 42
9 As held in Muhammed Suleman vs. King Emperor (1925-26) 30 CWN 985
10 d317r39.pdf (gjar.org)