Ans :





If I am arrested, what are the rights I have?

The following are the rights of an arrested person:

To know the grounds of arrest: When a person is arrested without warrant, the full particulars of the offence for which he is arrested must be communicated to him. When a person is arrested with warrant, the brief allegation reflected in warrant of arrest must be told to the arrested person. [Art.22 (1) of Constitution, Sec.50 (1) and 55(1) of Cr.P.C.].

To be released on bail in a bailable offence: The arrested person must be informed of his right to be released on bail when he is arrested without warrant in a bailable offence. [Sec.50 (2) & 436 of Cr.P.C.].

To consult and to be defended by a legal practitioner of his choice. [Art.22 (1) of Constitution]. The arrested person must be informed of his right to consult his friend or relative or any person who is likely to take an interest in his welfare and such person must be informed of the fact of arrest and place of detention. [Joginder Kumar v. State of U .P. -AIR 1994 SC 1349].

To be produced before the Magistrate within 24 hours from the time of arrest. The time required for journey from the place of arrest to the court of Magistrate will be excluded in computation of the duration of 24 hours (Art.22 (1) of Constitution and Sec.57 of Cr.P.C.].

To be examined by a medical practitioner on demand: The Magistrate can direct medical examination of the arrested person on fulfilment of the following conditions: (a) the medical examination will disprove the commission of any offence by him, or (b) establish the commission of any other offence against his body. [Sec.54 of Cr.P.C.].

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