2. Introduction
+Every human is born with certain basic rights that he is entitled for
instance, right to live, right to freedom etc…
+Similarly every citizen of every country is presented with certain rights that
are absolutely fair without any prejudice in the spirit of common
brotherhood and conscience like the right to life, equality, freedom,
education, freedom of religion, etc…
+However the same rights of a person can get surrendered if the person
gets detained/arrested for committing crime.
3. Arrest
+An arrest is the act of apprehending and taking a person into custody
usually because the person gas been suspected of or observed
committing crime.
+An arrest is a procedure in a criminal justice system, sometimes it is also
done after a court warrant for the arrest.
+Police and various other officers have powers of arrest.
+As a safeguard against the abuse of power, many countries require that an
arrest must be made for a thoroughly justified reason.
4. Rights of an arrested person under
Constitution
The Indian Legal system is based on the concept of “innocent till proven
guilty”.
Rights of an arrested person are:
+Right to know the grounds of arrest [A.22(1)]
+Right to be produced before the magistrate without unnecessary delay
[A.22(2)]
+Right to a fair trial [A.14]
+Right to consult a lawyer [A.22(1)]
+Right to keep silence [A.20]
5. Rights of an arrested person under CrPC
+Right to be produced before the magistrate without delay [sec.55]
+Right to be released on bail [sec.50(2)]
+Right to consult a lawyer [sec.41(d) & sec.303]
+Right to free legal aid [sec.304]
+Right to be examined by medical practitioner [sec.54]
7. D.k Basu v. State Of West Bengal
(AIR 1997 SC 610)
This is a landmark judgement by the apex court in the case of increasing
number of custodial deaths in India.
+The executive chairman of legal aid services wrote a letter against the
increasing number cases of custodial death & this letter was treated as a
writ petition by the court by taking into consideration the gravity of the
issue.
+In this case, it was observed by the court that there is ni effective
mechanism proposed by the legislation to deal with the cases of custodial
deaths in India.
8. +Court also observed that the recommendations suggested by the law
commission report must be adopted by the government to curb these
offenses against humanity.
+The Supreme court laid down certain guidelines.
+Thus, this case was a landmark judgment given by the court while
considering the rampant issue of custodial death and violence in the
country. But somewhere our legislation has not yet taken any moral as well
as legal consideration towards this issue and there is no specific law in the
country which deals with the issue of custodial deaths.
9. Guidelines laid down by the court
+It is the duty of the police officers not to use third-degree methods while
having investigation and interrogation from the accused.
+Attention must be required in checking the working environment, training,
and orientation of the police officials with the basic human values.
+The legislature must adopt the recommendations suggested by law
commission report by inserting section 114-B.
+A balanced approach should be used by the police to extract the
information from hardened criminals.
+There must be a memo made by the police officer in charge at the time of
arrest and at least one family member of the accused must be present
when the arrest is made.
10. +The requirements under the constitution under article 21 & 22(1) must be
followed by police officers.
+Awareness must be created to the arrestee so that he can understand his
basic rights at the time of the arrest.
+Also, the court has given certain preventive measures that must be
followed by the police officer in charge at the time of the arrest of an
accused.
11. Conclusions
+Custodial death and illegal arrest is a major problem in India. It infringes
Article 21 of the Constitution and also the basic human rights which is
available under Universal Declaration Of Human Rights.
+The guidelines issued by the Supreme Court in D.K Basu vs State of West
Bengal is not properly being implemented.
+ Proper implementation of the provision and guidelines can result in the
decreasing number of an illegal arrest.
