Let Know what are Rights of an Arrested Person

According to the Indian Constitution, an arrested person is granted certain rights. The basic assumption behind these rights is that to provide some protection from misuse of those powers by the government.

An accused has certain rights during the course of any investigation; inquiry or trial of offense with which he is charged, and he should be protected against arbitrary or illegal arrest.

Rights Of Arrested Person

1. Right To Silence- It means that normally courts should not conclude that the person is guilty of any conduct merely because he has not responded to questions that were asked by the police or by the court.
2. Right to Know the Grounds of Arrest- an arrested person has the right to know the reason behind being arrested. It should be written order by a senior police officer.
3. Information Regarding the Right To Be Released On Bail- A Accrued person can be released on bail on payment of the surety amount.
4. Right to Be Taken before a Magistrate without Delay- police officials have to take an arrested person before a magistrate within 24 hours of the arrest, otherwise, the police officials shall be held guilty of wrongful detention.
5. Right To Be Examined By A Medical Practitioner- Examination of arrested person by medical practitioner at the request of the arrested person before taking to magistrate.
6. Right to a Fair Trial- There should be a right to equality and fair trial in the court.

Conclusion

The legal system in India is established on the platform of "innocent till proven guilty". It is one of the basic and fundamental rights of the Indian Judiciary. During the arrest, the power majorly being in the hands of the arrested person makes it prejudiced and generates a scope of the abuse of powers by the legal authorities to repress.

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