Top 13 Rights under CrPC That Every Citizen Must Know
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INTRODUCTION
The criminal procedure code was enacted in the year 1861. The criminal procedural code is a procedural law. Criminal procedural code (crpc) states legislation regarding investigation done by the police. It also states legislation regarding the procedure that courts follow during investigation and trial. It also provides the structure for the enquiry of crime, arrest of doubtful criminals, the discovery of guilt or innocence of accused person and the ascertainment of punishment of the guilty. It also deals with public annoyance, preventive steps to be taken to stops offences, and laws regarding maintenance of wife, parents and children.
Table of Contents
- Power of police officers to arrest without warrant
- Right of the arrested person to call upon a lawyer
- Forms of detention
- No Touching of Woment at the time of arrest
- Women Can’t be arrested after sunset
- Right to know the grounds of arrest
- Right to get Bail
- Duty of police officers to inform regarding arrest to friends/relative
- Right of the arrested person to be produced before the Magistrate
- Right to free legal aid
- Right of the accused to remain silent
- Power of police officers to seize property
- Security for keeping the peace on Conviction
- Conclusion
1. Power of police officers to arrest without warrant
Section 41 of the Criminal Procedure Code give immense power to the police officers that they can arrest a person without obtaining a warrant from the Magistrate. But the offence should be cognizable in nature. There can’t be any legal arrest if there is no reasonable ground for suspicion that the person has committed a cognizable offence. The police officer has the burden to prove in the court that there was reasonable ground to arrest the person.
2. Right of the arrested person to call upon a lawyer
Section 41D of the Criminal Procedure Code states that it is the right of the arrested person to meet their lawyer even during their interrogation (though not through out interrogation).
3. Forms of detention
Section 46 of the Criminal Procedure Code states what are the forms of detention. It includes surrender to imprisonment, physical handling of the body, or confining it. During the arrest, force should not be more than what is fairly required. This provision does not give power to police officers to cause the death of a person who is not charged with a crime punishable by death or life imprisonment.
4. No Touching of Women at the time of arrest
Section 46 states that when a woman is getting arrested there should not be any physical touch by a police officer unless the police officer is a woman.
5. Women Can’t be arrested after sunset
A woman can’t be arrested after sunset and before sunrise, unless there are exceptional circumstances and prior written permission should be there from the local Magistrate.
6. Right to know the grounds of arrest
Section 50 of the Criminal Procedure Code states that every person who is arrested by a police officer having the authority to arrest anyone without a warrant should inform the person getting arrested regarding the grounds of arrest.
7. Right to get Bail
Where a police officer arrests without warrant any person for a bailable offence, then he has to the arrested person that he is entitled to be released on bail.
8. Duty of police officers to inform regarding arrest to friends/relative
Section 50A of the Criminal Procedure Code states that it is the duty of every police officers that they should inform to the relatives or friends of the arrested person regarding the arrest.
Joginder Kumar v. State of UP, (1994) 4 SCC 260 and D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 – Supreme Court held that it is mandatory on the part of the police officers to inform the relatives and friends of the arrested person regarding the arrest. It is also mandatory for the police officers to inform the arrested person regarding his rights.
9. Right of the arrested person to be produced before the Magistrate
Section 55 of the Criminal procedure Code state that if any person is arrested without a warrant then he must be produced before the local Magistrate without any needless delay.
Section 76 of the Criminal Procedure Code states that any person arrested should be produced before the Magistrate within 24 hours of the arrest excluding the period required for the journey from the arrested place to the Magistrate court.
10. Right to free legal aid
Section 304 of the Criminal Procedure Code state that every accused who is appearing before the session court has the right to consult a lawyer at the expense of the state. The court appoints a lawyer if the accused doesn’t have the means to do that.
Sukh Das v/s Arunachal Pradesh– It was held by the court that the right of a poverty-stricken accused person cannot be refused even when the accused fails to apply for the same.
11. Right of the accused to remain silent
Section 161(2) of the Criminal Procedure Code states that it is the right to stay silent related to statement and confession made by the accused in the court. The Magistrate must examine that statement and confession made by the accused are done voluntarily and without any manipulation.
Nandini Satpathy v/s P.L. Dani– In this case, the court observed that no person can force any other person to furnish any statement or compel to answer any question because the accused person has a right to keep quiet during his interrogation.
12. Power of police officers to seize property
Section 102 of the Criminal Procedure Code gives power to police officers to seize any property which they suspect has been stolen or is anywhere relevant to any offence.
13. Security for keeping the peace on Conviction
Section 106 of the Criminal Procedure Code states that if an executive magistrate comes to know that if any person is likely to commit a breach of peace or disturb the public peacefulness he may require such person to show cause why he should not order him to execute a bond with or without sureties for keeping the peace.
CONCLUSION
The criminal procedure code administers the criminal law in India. It helps the accused person to have a fair trial by an independent and impartial tribunal. In Crpc any accused should be presumed to be innocent until their charges are proven. So the rules of the criminal procedure code are extremely important because it designate the procedure to be followed by the accused charged with any crime. Criminal convictions can lead to the payment of steep fines, loss of freedom by the punishment of imprisonment or loss of civil liberties. The Criminal procedure code is designed to ensure that the constitutional rights of the accused are protected. In addition to all this, the Criminal procedure code also ensures that the statute help in reducing delays. It ultimately benefits the poorer sections as they suffer from the prolongation of criminal cases.
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