Today we are talking about those rights that are very important to know so that if and when the police comes to arrest you or anyone you know then you can know about them and if they are wrong or if your rights are being violated then you can be aware of that.
The rights you have while being arrested are as follows:
- Name and designation:
The name and designation of the police officer that comes to arrest you should be clear. If on his uniform, his name and designation are not clear then you have a right to ask for his identity card so that you are sure that a wrong man hasn’t come to arrest you.
- Grounds of arrest:
You have a right to know on what grounds the arrest is being made. It is very important for the police to tell you this. Article 22 of Indian Constitution clearly states that it is important to tell the reason for arrest and without any valid reason you cannot be arrested.
- Inform relatives and friends:
Honorable Supreme court and Indian law says that if you have been arrested then it is the duty of police officers to inform your friends or relatives withing 12 hours. Without informing your family or friends, police cannot arrest you. It is their duty to tell you about this right.
- Present before magistrate within 24 hours:
The police have to present you to a related magistrate within 24 hours of your arrest. If the magistrate is on a holiday or it is a Sunday or any kind of a national holiday, even then someone is always on duty or sometimes you can be presented before a magistrate at the magistrate’s house. But this law cannot and shouldn’t be broken.
The learned magistrate has three types of powers:
- Bail: If the magistrate wants, he can issue your bail.
- Police custody: If the magistrate feels that police needs to investigate the he can send you to police custody.
- Jail: If the magistrate feels that the police has completed the investigation and now there is no provision left and he doesn’t want to issue bail then he can send you to judicial custody i.e. jail.
- Medical check-up:
If you feel that police has beaten you then you can ask for a medical check-up. Even law says that medical check-up should be done every 48 hours because during the hearing of bail application then a medical reason can also be a reason for granting bail.
- Consult with lawyer:
If you have been arrested then you have the right and in fact Indian Constitution also gives you the right that you can ask the police for your lawyer. Meeting your lawyer and getting counselled is your basic right that police cannot take away from you. So, if you have to give your statement to the police then before that you can consult your lawyer.
- Rights of women:
After sunset and before sunrise, no women can be arrested. If still such situation occurs because of which the woman has to be arrested then you need to take permission from the magistrate.
- Arrest memo:
Whenever someone is arrested, an arrest memo is made. In that name, age, physical details, father’s name and the grounds on which the person has been arrested are mentioned. And the most important thing in this is date and time. Whenever police arrests you, they quickly make your arrest memo and write the time of your arrest. Along with that, the independent witnesses will sign that memo which will mean that in their presence you have been arrested. Often it is seen that the police makes the arrest memo at the police station and not at the place of arrest and that is we hear people saying that they have been in police custody for 20-25 hours and even for 3 days. But if the arrest memo is made then the police will have to present you before a magistrate within 24 hours.
EVERYONE MUST BE AWARE OF THEIR RIGHTS.
Still, have any legal doubt, contact the Legal Experts of AapkaConsultant.com
(अपनी क़ानूनी समस्या को 1 कॉल पर अभी सॉल्व करे )
