The police have been given various powers for facilitating the making of arrest, the powers are subject to certain restrictions. These strange are primarily provided for the protection of the interest of the person to be arrested and also the society at large. The constitution of India also acknowledges the rights of the arrested person under fundamental rights.
A. RIGHT TO KNOW THE GROUNDS OF ARREST (SECTION 50)-
· The primary and foremost obligation of unlawful arrest is the notification of the reason for arrest along with the charges.
· The person arrested without any issued warrant should forthwith be intimated the full particulars of the offense and the grounds for his arrest by the police officer and other person executing the arrest, and where the offense is bailable one, office right to be released upon bail.
· It may be noted that when a person is arrested without a warrant, the police officer executing the warrant of the arrest shall notify the substance thereof (Section-75).
B. RIGHT TO BE TAKEN BEFORE A MAGISTRATE WITHOUT DELAY
· Whether the arrest is made without a warrant by a police officer, as to whether the arrest is made under a warrant by any person,
· The person making the arrest must bring the arrested person before the judicial officer: without unnecessary delay.
· It is also provided that the arrested person should not be confined in any place other than the police station before he is taken to the magistrate. (Section 56 & section 76).
C. RIGHT OF NOT BEING DETAINED FOR MORE THAN 24 HOURS WITHOUT JUDICIAL SCRUTINY (SECTION 57)
· Person (arrested without a warrant) detained in custody must be presented before the nearest magistrate within 24 hours of his arrest under section 167 of the code.
· The period of 24 hours does not include the time necessary for the journey from the place of arrest to the magistrate's court.
· if a police officer fails to produce an arrested person before the magistrate within 24 hours of the arrest, he shall be held guilty of wrongful detention. Similarly, as it was held in Sharifbal vs Abdul Razak, where the hon'ble court held that the police in-charge is to be held liable for the wrongful detention of the arrestee.
D. EXAMINATION BY MEDICAL PRACTITIONER UNDER SECTION 54
· The arrestee has a right to be medically examined to enable him to defend and protect himself in a proper manner when he is produced before the magistrate or at the time when he is under custody.
· to enable him to establish that the offense which he is charged was not committed by him or that any other person committed any offense against his body.
· the magistrate may reject the request of the arrested person if he considered that the request is made for the purpose of vexation or delay or for defeating the ends of Justice.
· Another right of the arrestee was recognized in the case of Sheela Barse vs State of Maharashtra, where the Court held that the arrested accused person must be informed by the magistrate about his right to be medically examined.
E. RIGHT TO CONSULT A LEGAL PRACTITIONER:
· The constitution, as well as the code, sanctions the right of every arrested person to consult a legal practitioner of his choice (Article 22 (1) & Section 303).
· As per dictum of Moti bai vs State, the right begins from the moment of arrest. The consultation with the lawyer may be in the occupancy of a police officer but not within his hearing.
Illegal arrest and custodial death is a major problem in our country. Not only it violates and infringes provisions and the rights guaranteed under article 21 of the Constitution but also the basic Human Rights which is accessible under the Universal Declaration of Human Rights. The guidelines issued by the Supreme Court in a landmark judgment of D.K. Basu vs State of West Bengal are not properly being implemented. With such precise implementation of the provision and guidelines would result in a decreasing number of illegal arrests throughout the country.