Human Rights are those rights that are provided to every person from there till the time they die. Rights like dignity, equality, independence are all fundamental human rights that cannot be violated even by the State.
The arrest is said to be done when a person is denied to exercise his rights from the authorities. Section 42 of The Code of Criminal Procedure, 1973, talks about the arrest of a person. The person can be arrest without a warrant in some cases and needs to be presented before the magistrate within 24 hours of his arrest. A person’s liberty is under the control of the arrester after his arrest.
A Right Delayed is A Right Denied.
Every person has a right to enjoy the freedom of personal liberty. Arbitrary Detention occurs when a person is wrongfully arrested without any due process and any fair trial or when the arrest of a person happens without any legal basis.
Article 9 of the Universal Declaration of Human Rights provides Freedom from Arbitrary Detention as a Fundamental Right. Yet in many countries, the government is negligent about it and forcefully detain the people and violate their rights. The detainees are often subjected to torture and ill-treatment and are not allowed to meet their lawyers and family. Article 21 of the Indian Constitution provides hope to the detainees. It says that such people need to be given humane treatment, and all procedures prescribed by the law should be followed without violating their rights.
In the case of Maneka Gandhi v. Union Of India, it was upheld by the Supreme Court that the State and the police have the duty to bring the accused to the notice, but the procedure followed by them should be and fair. Provisions regarding the arrest of a person are mentioned in Chapter V of The Code of Criminal Procedure.
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Rights of an Arrested Person
The arrested person has been given several rights under the Code of Criminal Procedure. Some of the rights are:
- Section 50: Right to be informed of the ground of arrest. It is also the Fundamental Right of a person as per Article 22. The person arrested should know all the grounds beforehand for which the police have arrested him. This was mentioned in the case, D.K Basu v. State of West Bengal.
- Section 75: Right to see the warrant. It is the right of an arrested person to be provided with an arrest warrant before his arrest, with the signature of the magistrate on it.
- Section 41 D: Right to meet an advocate. The arrested person has been given a right to meet the advocate of his choice when he is in custody. It is also considered as one of the Fundamental Rights under Article 21 A of the Constitution.
- Section 50 A: The person arrested is given a right to inform any of his family members, relatives, friends about the arrest.
- Section 56: The arrested person has the right to be presented before the court within 24 hours of his arrest. If not present, then he has to be released by the court. It is also a Fundamental Right under Article 22 (2).
- Article 20 (3) of the Indian Constitution: The Fundamental Right of the person to remain silent whenever he wishes to.
Joginder Kumar v. the State of U.P, the court held that it is the right of the arrested person to inform his family, relatives, or friends about his arrest and entry for the same should be made in the records of the police diary.