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What are the rights of arrested persons under the Indian law?

What are the rights of arrested persons under the Indian law?

Article- 22 (1) of the Indian Constitution provides that every arrested person has the right to choose and elect his own lawyer to defend him in the court of law for whatever crime he may/ may not have committed.

What happens after a person is arrested in India?

The first thing that happens to a suspect on arrest is that he is taken into police custody, following which he is taken before a magistrate and he may either be remanded to judicial custody or be sent back into police custody.

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What are the constitutional rights of arrested person?

The arresting officer or investigator, as the case may be, has the duty to inform you of the following rights, in a language known to and understood by you: – That you have the right to remain silent; – That if you waive your rights to remain silent, anything you say can be used for or against you in court; – That you …

What are the rights of individuals when arrested?

The right not to say anything (with some exceptions); The right to contact a lawyer and / or have them present for the investigation; The right to contact a friend or relative; The right to have an interpreter present; and.

What are the constitutional rights of an arrested person?

What will happen to the case if the arrested person was not informed of his or her rights?

– (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) …

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Which of these rights is are provided to a person arrested by the government or police?

RIGHT TO KNOW THE GROUNDS OF ARREST: Section 50(1) CrPC provides, “every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.” Apart from the provisions of CrPC, Article 22(1) …

What are my rights if I have been arrested by the police?

If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else. If you believe your rights were violated

What are the rights of an arrested person in India?

An arrested person has the right not to be detained for more than 24hrs, without being presented before a magistrate, to prevent unlawful and illegal arrests. This right is fundamental right under article 22 of Indian constitution and supported under section 57 and 76 of crpc.

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What should I do if I am arrested without a lawyer?

Don’t say anything, sign anything, or make any decisions without a lawyer. If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often will listen to a call made to anyone else.

What are the rights of a lawyer in India?

Right to privilege communication with your lawyer .- Remember Lawyer Client communication is protected by the Indian evidence act. S o you have all the right to demand privacy when speaking to your lawyer. No police can listen your communication, though he may listen when you talk to your family/friends Right to seek medical help.