Transcription
And our Indian legal system is based on a very important principle: innocent until proven guilty. This means that no one becomes a criminal just because a trial is going on against him. He will be called an undertrial, but due to this system, not only common citizens but also arrested persons have been given certain rights that cannot be taken away from them at any cost.
So in India, our Indian Constitution and the Code of Criminal Procedure (CRPC) provide rights to arrested persons.
Welcome to Firoz Legal. In today's video, we will discuss some of these rights that our Indian Constitution and CRPC grant to arrested persons. We will also learn what happens if a police officer suddenly arrests someone.
If someone stands at the door to arrest him, we will tell him what rights he should know before going to sleep. Along with this, there is the duty of a police officer that should be kept in mind while arresting someone.
Let's start. Think about a person who is very poor and has been arrested by the police. Why is he not allowed to be arrested under the 9th class and CRPC? First, that officer will have to show the name of the senior police officer who has authorized the arrest. If this action is not taken by the subordinate officers, then the arrest will still be questioned.
Now, understand that if the application is to issue a warrant, and the arrest is made after the warrant is issued, then under Section 72 of the CRPC, it is necessary to inform the name of the arrestee. If the arrest is made after the issuance of a warrant, then under Section 80C, the name of the arrestee has to be mentioned, and if needed, the address of the arrestee must also be shown.
After this, the police will question him. He has to answer all the questions of the police in such a way that it depends on him. He has complete discretion to remain silent, and this cannot be used against him for prosecution.
Now, if that person is arrested due to a bailable offense, then the police will have to inform him that he can apply for bail. It may be that the crime he has committed is bailable, meaning he has the right to know about bail under Section 1615, Class 2 of the CRPC.
Now, whether the police have taken him from the lockup to the court without a warrant, the duty of the police officer is to take the person before a judicial officer without any delay. This is the right to be taken before a magistrate without delay, as stated in Section 15647.
By this, I mean that the police officer cannot keep him in the lockup for more than 24 hours. He has to be taken before a magistrate within 24 hours of his arrest. This is the right of not being detained for more than 24 hours without judicial scrutiny, which is given in Section 57 of the CRPC.
You must be thinking, why is the 24-hour time limit set here? It is so that no police officer can make unlawful arrests or detentions, and you can be protected from this. We have generally seen that police officers often force suspects to reveal the truth or confess and try to keep them behind the police lockup as long as possible.
This time period has also been set so that if the person is innocent, he/she can apply for bail in court as soon as possible and can be released from the police lockup after appearing before the magistrate.
Now comes the turn of the trial proceedings. A lawyer will be needed before the trial begins so that the lawyer can fight his case. Our Indian Constitution and CRPC give him the right to hire any legal practitioner of his choice, as stated in Article 22(1) of the Constitution.
If this is an acute case and the person does not have money to hire a lawyer, the Legal Services Authority would provide one. This was established before the trial started.
It can be said that a very important right is given to a person by our Indian Constitution, which includes the right to a fair and speedy trial. Any conviction can be challenged.
There are definitely some cases where these rights are crucial. For example, if a person is accused, the maximum time for which the police investigation should be completed is 2 years.
If a request is made for a medical examination, then according to this provision, he will be medically examined. After this, he will have the complete freedom to appear for any of his prosecution examinations after the examination is over.
Now, you must have noticed that police officers do not like to press charges on the weekends because the courts are closed on Saturdays and Sundays.
So if you do not subscribe, we will tell you about the two days behind the police lockup. If you liked our video today, then do not forget to subscribe to our channel and also do not forget to press the bell icon. Thank you. Bye.