Indian law recognizes the rights of anyone who is arrested, tried, or sentenced. Because a person’s basic human rights and fundamental rights are not lost, one of the core principles of our criminal justice system is that they are presumed innocent until proven guilty and can still enjoy certain rights even after conviction. This article will discuss the rights of the accused in India during arrest, search and seizure, and subsequent conviction.
Rights of an Accused in India under Constitution and CrPC
Protection following a conviction for an offense
Except for the violation of the law at the time the act was charged as an offense, no one shall be convicted or subject to any penalty other than what might have been inflicted by the law at the time the offense was committed.
Double jeopardy: A person cannot be prosecuted or punished for the same offense more than once.
A person who is accused of an offense will not be required to testify against him.
Presumption of innocence: The accused shall be presumed innocent until they are proven guilty without reasonable doubt.
Right of knowing the reason for arrest: Section50(1) of CrPC provides that a person arrested without a warrant is entitled to the details of the offense. If a warrant is issued, the person must be informed of the warrant details. The Constitution’s Article 22(1) also states that an individual arrested for an offense under ordinary law must be informed as soon as possible about the reasons for arrest.
The right to apply for bail. Any person arrested without a warrant who is charged with a bailable offense must be informed by the officer that he can be released on bail if he pays the surety sum. An accused can file for bail with the top criminal lawyers in India. You can consult best Lawyer in New Delhi for any cases.
Right before the Magistrate Article 22(2) of the Constitution states that an arrestee must present himself to the Magistrate within 24 hours of his/her arrest. If the accused is not present within the time limit, a writ petition may be filed by him/her or their family members to request habeas corpus.
Right for a fair, speedy, and free trial: The accused should receive fair and impartial justice. They should also have the opportunity to obtain speedy justice.
The right to free legal aid: The Magistrate and Courts are responsible for informing the accused of an indigent about his rights to free legal assistance.
Privacy against illegal searches: Police cannot invade the privacy of an accused based on the mere presumption that he has committed an offense. Without a search warrant, the police cannot search an accused’s property.
The right to be present at the trial: Section 273 of the Code stipulates that evidence and statements must all be recorded in the presence of counsel of the accused.
Right of access to copies of Documents. The accused is entitled to copies of all documents filed by the prosecution in connection to the case.
The right to cross-examine: An accused has the right of being cross-examined to prove his innocence by the prosecutor.
Right of appeal: Arrestees have the right to appeal their conviction to a higher court.
The right to humane and humane treatment in Prison is the accused’s right to all his human rights while in prison.
The accused person can be a competent witness: Section 315 of the Criminal Procedure Code provides that the accused can testify in disproof of any charges against him or his co-accused.