21 Rights of Arrested Person in India

An accused has been ensured sufficient rights and privileges during the course of criminal trial which are enshrined in the provisions of procedural law.

While formulating the Code of Criminal Procedure “right of fair trial” to an accused has been ensured adopting the principles of natural justice and provisions of the Constitution of India.

The system of criminal trial envisaged by Cr.P.C. is the adversary system based on accusatorial method.

# A fair trial ensures few rights of accused i.e.

  • 1. Right of presumption of innocence in favour of the accused till proved guilty;
  • 2. Right of the accused to know specific grounds of his arrest;
  • 3. Right of person arrested to be brought before the Magistrate without delay and in no case the said delay could exceed 24 hours;
  • 4. Right of an accused for open trial;
  • 5. Right of an accused to be defended by a counsel of his choice;
  • 6. Right of cross- examination;
  • 7. Right of an accused of having a fair and impartial investigation;
  • 8. Right of an accused to speedy investigation;
  • 9. Right of an accused to the examination of witnesses in his presence;
  • 10. Right of an accused to keep silence;
  • 11. Right of an accused to get the copy of the statements of the prosecution witnesses and the production of defence; entitlement of all the documents and statements;
  • 12. Right of getting bail during pre-trial or pending trial and post conviction pending appeal in certain cases;
  • 13. Right of an accused against double jeopardy;
  • 14. Right of an accused to get an opportunity to submit his case before framing of charges against him;
  • 15. Right of an accused not to suffer imprisonment for a period longer than the maximum;
  • 16. Right of an accused not to be tried beyond the period of limitation;
  • 17. Right of an accused to be heard on question of sentence in warrant cases;
  • 18. Right of an accused to live with human dignity as per provisions of Article 21 of the Constitution of India;
  • 19. Right of speedy trial;
  • 20. Right of an accused to receive legal aid; and
  • 21. Right of an accused to claim identification.

See Also :  Deeksha Puri v. State Of Haryana {Punjab-Haryana High Court, 16 Oct 2012}