Rights of Arrested Persons : Legal Analysis
Rights of Arrested Person
Our Constitution of India guarantees some rights of arrested person like fundamental rights to every citizen.
However, despite of constitutional protection and safeguards for human rights, the police personnel take action in violation of rights.
Supreme Court and Various High Court have rendered various judgments time to time for protection of human rights.
Many people have queries that whether arrested person has any fundamental right or not ?
In the following few lines we are discussing the same rights of arrested person.
Right of Arrested Person for Freedom of Speech and Expression
One news paper filed Writ Petition under Article 32 of the Constitution of India seeking direction to Jail Department to allow their news editor to interview to convicted persons who were undergoing sentence of death.
The Hon’ble Apex Court held that the right conferred under Article 19(1)(a) which includes the freedom of the press, is not absolute right.
Case Reference: Prabha Dutta vs Union of India, (1982) 1 SCR 1184
Right of Arrested Person for Speedy Trial
The Constitution Bench of the Hon’ble Supreme Court has held that right to speedy trial is the fundamental right of every person accused. However, no time limit for conducting criminal trial.
The Supreme Court has the power to give necessary directions to State Government and other authorities to secure the right of the accused.
Case Reference: A.R. Antulay vs R.S. Naik, 1991 Supp 3 SCR 325
Right of Privacy
The right of privacy would certainly include the telephone conversation in the privacy of one’s home or office.
Telephone tapping would, thus infract article 21 unless it is permitted under the procedure established by law. The Hon’ble Supreme Court held that when a person is talking on telephone, he is exercising his right to freedom of speech and expression which is guaranteed under Article 19(1)(a) of the Constitution.
The Supreme Court further directed that “An order of telephone tapping in terms of section 5(2) of the Indian Telegraph Act, 1885 shall not be issued except by the Home Secretary, Government of India and Home Secretaries of the State Government.
Case Reference: PUCL vs Union of India, AIR 1997 SC 568
Right of Arrested Person for free Legal Help
This rights of arrested person is very important right whereby the accused has right of free legal assistance at the State’s cost.
The Supreme Court held that State’s duty to provide legal aid to the arrested person also arises when accused is first produced before Magistrate.
Case Reference: Khatri vs State of Bihar, AIR 1981 SC 928
Rights of Prisoners
In one of the matter the Constitution Bench of the Apex Court held that section 30(2) of Prisons Act, 1894 does not empower the prison authority to impose solitary confinement upon a prisoner under sentence of death.
The Hon’ble Supreme Court treated one letter as Habeas Corpus petition and held that prison torture is not beyond the reach of Supreme Court and its constitutional jurisdiction and warned the prison authority.
Case Reference : (a) Sunil Batra vs Delhi Administration, (1979) 1 SCR 392 (b) Ramesh Kaushik vs Vig, Superintendent (1980), 3 SCR 929
Right to Life with Dignity
In the recent landmark judgment the Hon’ble Supreme Court held that arrested person has also right to life with dignity and directed the following guidelines :-
(1) The personnel carrying out arrest during police investigation the arrestee shall prepare a memo of arrest at the time of arrest with attestation of one witness.
(2) The relative or friend or other known person can meet with arrested person.
(3) The Police Officer will record injury, if any present on his/ her body.
(4) The arrested person can meet with his Lawyer.
(5) Police will send arrest details to concerned Magistrate.
(6) Police control room should have details of all arrested persons.
(7) Police will produce the arrested person before Magistrate within 24 hrs from arrest.
Case Ref: D.K. Basu vs State of West Bengal, AIR 1997 SC 610
Rights of Children Below 21 Years of age
The Hon’ble Apex Court held that where police arrest juvenile delinquent and they will produce him before a juvenile Court.
And if no juvenile Court in the area amongst others., the Court of Sessions will have powers of a juvenile Court.
And the Court shall release such juvenile ordinarily on bail irrespective of the nature of the offences he committed.
They can also apply anticipatory bail before High Court under the relevant provision of BNSS, 2023, if the offences are non bailable.
Case Reference: Gopi Nath Ghosh vs State of West Bengal, AIR 1984 SC 237
Right against Self-incrimination
During trial the accused person can keep his mouth shut where his answer has reasonable prospect of exposing him to guilt.
Case Reference: Nandini Satpathy vs PL Dani, AIR 1978 SC 1025
However, compelling an accused person to give his specimen handwriting or signature or impressions of his thumb, fingers, palm or foot to investigation officer or under the orders of Court for purpose of comparison is not violative of article 30(3) of the Constitution.
Case Reference: State of Bombay vs Kathi Kalu Oghad, AIR 1961 SC 1808
Right of Arrested Person for Medical Treatment
The accused or arrested persons has right of medical examination under section 54 of CrPC.
Case Reference: Sheela Barse vs State of Maharashtra, AIR 1983 SC 378
Frequently Asked Questions (FAQ)
Can Government suspend fundamental rights temporarily by any notification ?
No, Hon'ble Supreme Court held that even temporary suspension of fundamental right is invalid unless covered by Article 19(4).
Whether right to hold public meeting in public street is a fundamental rights ?
The Constitution Bench of the Hon'ble Supreme Court has held that the right to hold public meeting in a public street is a fundamental right of citizens.
Case Reference: Himat Lal K Shah vs Commissioner of Police Ahemdabad, (1973), 2 SCR 266
The Hon'ble Andhra Pradesh High Court has held that permission to hold public meeting public place cannot be denied simply.
Case Reference : Vishwa Hindu Parishad vs D.M. Machilipatnam, AIR 2001 AP 173
Can Court compel any accused to give specimen handwriting or signature ?
The Hon'ble Supreme Court held that in compelling an accused to give specimen handwriting or signature, or impressions of his thumb, fingers, palm or foot to the investigating officer or under orders of a Court of the purpose of comparison is not violative of article 20(3) of the Constitution of India.
The Court also held that the provisions of section 27 of the Indian Evidence Act did not offend Article 20(3) unless compulsion was used in obtaining the information.
Case Reference : State of Bombay vs Kathi Kalu Oghad, AIR 1961 SC 1808
Can police officer direct a woman to appear in police station ?
The Hon'ble Supreme Court held that police officer directing a woman to appear in police station is violative of section 160(1) of Criminal Procedure Code, 1973.
Case Reference : Nandini Satpathy vs PL Dani, ,AIR 1978 SC 1025