| |
|
|
 |
| |
| |
|
|
| |
Constitutional
Rights |
|
| |
|
|
| |
Article
20 of the Constitution of India prohibits:
- Conviction
or greater sentence for an offence under ex post facto criminal
laws
- Prosecution
and punishment for the same offence more than once
- Compelling
a person accused of any offence to be a witness against
himself
Article 21 protects against
arbitrary:
- Arrest
- Detention
and
- Deprivation
of life and personal liberty
Article 22 guarantee to a
person arrested for any offence:
- Right
to be informed as soon as may be of the grounds of arrest
- Right
of freedom to consult and to be represented by a lawyer
of his own choice
Right to be produced before a Magistrate within 24 hours of
arrest and detention beyond the said period only on the order
of the Magistrate. Free legal aid is provided to those who cannot
afford the same. It is provided not only when trial commences
but also during police custody or during production before the
magistrate for the first time or for remand from time to time.
Eligible persons for free legal aid in UT of Chandigarh are:
- Member
of a Scheduled Caste or Scheduled Tribe
- A victim of trafficking in human beings or beggar as referred
to in Article 23 of the Constitution
- A
woman or a child
- A
mentally ill or otherwise disabled person
- A
person under circumstances of undeserved want such as being
- A
victim of a mass disaster, ethnic violence, caste atrocity,
flood, drought, earthquake or industrial disaster; or
- An
industrial workman; or
- In
custody including custody in a protective home within the
meaning of clause (g) of section 2 of the Immoral Traffic
(Prevention) Act, 1956, or in a juvenile home within the
meaning of clause (j) of Section 2 of the Juvenile Justice
Act, 1986, or in a psychiatric hospital/or psychiatric nursing
home within the meaning of clause (g) of section 2 of the
Mental Health Act, 1987
- In
addition to the persons mentioned in clauses (a) to (g)
of section 12 of the Act, a citizen of India whose annual
income from all sources does not exceed fifty thousand rupees
Section 50 Cr PC provides
for Communication of:
- Grounds
of arrest to the accused person
- Right
to be released on bail if a person is arrested not for a
non-bailable offence and that he may arrange for sureties
on his behalf
Sections 49, 54, 56 and 76 Cr PC
put in effect Constitutional provisions to prevent arbitrary
exercise of power to arrest
- An
arrested person cannot be subjected to more restraint than
is necessary to prevent his escape. (Section 49 CrPC)
- Use
of handcuffs is permitted only in exceptionally rare cases
to prevent escape or violence keeping in view the propensity
of the arrested person
- Medical
examination of an accused by a medical practitioner. (Section
54 CrPC)
- Expeditious
production of a person arrested without a warrant, subject
to provisions regarding bail, before a Magistrate or the
officer in charge of a police station. (Section 56 CrPC)
- No
detention of a person arrested without warrant beyond 24
hr in the absence of a special order of a Magistrate under
section 167 CrPC (Sec. 57 CrPC)
- Production
before a Magistrate within 24 hours of person arrested in
execution of warrant. (Sec. 76 CrPC)
Section 47, 51, 100 and 165 Cr. PC
while empowering search also lay down safeguards.
- Safe
custody of articles seized from the person of an arrested
person and giving of a receipt in this regard. (Sec. 51CrPC)
- Association
of witnesses, search in their presence and signing of the
search list by them; occupant or his representative to be
allowed to be present during the search and providing of
a list of seized articles to the person searched. (Sec.100
and 165 CrPC)
Section 436, 437, 438 along with
Sections 50(2) and 167 Cr PC provide for the procedure
for release on bail.
- Bail,
on production of proper surety/bond, is a matter of right
in case of bailable offences. (Sec. 436 CrPC).
In non bailable cases, the arrested person or his counsel can
move the appropriate Court for bail, which may be granted or
denied keeping in view the legal provisions and the facts and
circumstances of the case. |
|
|
|
|
|
Downloads 
