Legal rights Rights of arrest person
Legal rights of a person at the time of police arrest
According to the Indian Constitution, every person has been provided with fundamental rights and legal rights, which he can legally exercise as his rights. Rights of arrest person
When a person is arrested by the police, he can exercise his legal rights. Let us know about the nature of crimes and under what criminal circumstances the police can arrest a person. Legal rights Rights of arrest person
There are two types of crimes –
1 “Cognizable Offence” COGNIZABLE OFFENCE : Cognizable offense is that heinous crime whose information is given in CRPC 2 C and 2 L, through 2 C in which the police can arrest a person without warrant, it comes under SCHEDULE 1 of CRPC 1973. Is
- riot
- Abduction
- theft, robbery, robbery
- rape
- the killing
These types of acts fall in the category of heinous crimes in which a person has the intention to cause grave harm to another person, hence arrest can be made without warrant for these acts.
2 “NON-COGNIZABLE OFFENCE” Non-cognizable offense is the crime in which the police cannot arrest a person without a warrant. In this, the person has the legal right to see the warrant at the time of arrest.
Legal rights Rights of arrest person
Women’s legal rights before police arrest
- CRPC Section 46(1): Only a female policeman can arrest a woman. Neither a woman’s body can be touched nor a woman can be arrested by a male policeman.
- CRPC Section 46(4): A woman cannot be arrested between sunset and sunrise. A woman can be taken into custody after sunrise and before sunset. If a woman has to be arrested within this time period, then special permission must be obtained. Rights of arrest person are legal rights.
Legal rights of both men and women before police arrest
- CRPC Section 50(1): The person being arrested has a legal right to know the reason for his arrest and must inform the arresting police officer of the reason.
- CRPC Section 41 D: The arrested person has the right to meet his lawyer for protection and to get legal advice.
- CRPC Section 41 B: The person being arrested has the right to know the sections of arrest being imposed on him and to get the arrest memo made.
- CRPC Section 50 A: The arrested person has the legal right to inform his family about his arrest and the police will inform about it.
- CRPC Section 56: It is mandatory for the arrested person to be produced before the Magistrate within 24 hours.
- CRPC Section 57: An arrested person cannot be kept in custody for more than 24 hours. If the officer keeps his custody for more than 24 hours, then permission is required from the District Magistrate/Magistrate as per CRPC Section 167.
- CRPC Section 55 A: It is the duty of the police officer to take care and protect the health of the arrested person.
- CRPC Section 54: The arrested person may demand medical examination and the medical examination of that person shall be done by the police officer.
- Right to see warrant in non-compoundable offense
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Legal rights Rights of arrest person
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