Rights of arrested persons in India

Rights of Arrested Persons in India:


1)Right to be Informed of the Grounds of Arrest:


 Article 22(1) of The Constitution of India And Section  47 (1)of The Bharatiya Nagarik Suraksha Sanhita 2023


2)Right to Communicate with Family or Friends:


Article 21 of The  Constitution of India and Section 48(1) of The Bharatiya Nagarik Suraksha Sanhita 2023


3)Right to be Produced Before a Magistrate:


Article 22(2) of The Constitution of India and Section 57 of The Bharatiya Nagarik Suraksha Sanhita 2023


4)Right to Consult a Lawyer:


Article 22(1) The Constitution of India 

And Section 38 of The Bharatiya Nagarik Suraksha Sanhita 2023


5)Right to Free Legal Aid:


Article 39A of The Constitution of India and Section 341 of The Bharatiya Nagarik Suraksha Sanhita 2023


6)Right to be defended 


Article 22(1) of The Constitution Of India and Section 340 Of Bharatiya Nagarik Suraksha Sanhita 2023


7)Right to Be Informed of the Right to Bail:


Article 19 of the constitution of India and Section 47 (2) of The Bharatiya Nagarik Suraksha Sanhita 2023



8)Right to a Medical Examination:

  

Article 21 of The constitution of India And Section 53(1) of The Bharatiya Nagarik Suraksha Sanhita 2023 


9)Right to Remain Silent:

 

Article 20(3) of The Constitution Of India which provides protection against self-incrimination. An arrested person cannot be compelled to be a witness against themselves.


10)Right Against Handcuffing and Restraint:


Article 21 of constitution of The India and section 43 (3) Of The Bharatiya Nagarik Suraksha Sanhita 2023 provides for the use of Handcuff  Only while arresting (i) a habitual or repeat offender who has escaped custody, or (ii) a person who has committed offences such as rape, acid attack, organised crime, drug related crime, or offence against the State. 


 




Comments

Post a Comment

Popular posts from this blog

Use of Ai in legal profession

  Artificial intelligence is paving its way into the legal profession, and no, I’m not talking about robots arguing cases in court. Talking about tools that can analyse documents faster,  predict case outcomes with eerie accuracy, and even help you draft contracts that won't make your eyes bleed. Here are some of the best legal tech tools currently available  Legal research tools  Legal research is a critical component of legal practice, involving the process of identifying and retrieving information necessary to support legal decision-making, case preparation, and legal arguments.  Westlaw:    It is one of the most popular and comprehensive legal research platforms, which quickly search many sources at once and retrieve up-to-date information providing access to vast databases of case law, statutes, and legal commentary.Thereby enabling you to perform accurate and effective legal research.  LexisNexis: LexisNexis offers access to an extensive dat...
Read more

Environmental laws

  Environment   protection   Definition of    Natural Environment  Environment is a unit of naturally existing biotic means living and non biotic means non living components which has an influence on living organisms. What is Natural environment  In simple words environment means everything around us which is natural and essential for survival such as other living organisms ,water,air,soil ,weather etc . Why is it important to protect environment ? Prevention of Air, Water and soil pollution contribute to create clean environment for improving public health . Reduction in greenhouse gas emissions helps to deal with global warming effects such as rising temperatures and sea level ,extreme weather events and ecological disruption Promotion of sustainable use of natural resources develop responsibility to ensure their availability for future generation. Conservation and protection of biodiversity enhance ecosystem ensuring the continued provision of ecosy...
Read more

Drafting skills

  Legal writing   Drafting skill  ✍️✍️✍️ Drafting legal documents is a critical skill in the legal field. Well-crafted legal documents help effectively persuading a court and present arguments in a compelling and logical manner. High quality drafting reflects professionalism and attention to detail. It is essential for effective communication, successful advocacy, and maintaining the integrity of legal processes. List of common drafting tools used in legal writing: 1. Laptop/Computer: 👩‍💻 2.Legal Drafting Software:    Clio, MyCase, or Microsoft Word with legal-specific templates. 3.Research Tools: Access to legal databases such as Westlaw, LexisNexis, or Bloomberg Law for case law and statutes. 4.Writing  🖋️📝 Instruments:pen,Highlighters ,paper, Notebook  📒  ,legal pad , 5.Reference Books: 📚📚 Law Dictionaries: Black's Law Dictionary or similar references for precise legal definitions.  Here are some essential legal writing tips for beg...
Read more