The Rights of the Arrestee
a) **The Right to be Informed of the Grounds of Arrest:** Pursuant to Article 33(1) of the Constitution, any person arrested without a warrant must be informed in detail by the arresting officer or authority regarding the offense committed and the grounds for their apprehension.
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b) **The Right to Bail:** Under Section 60 of the Code of Criminal Procedure, an individual arrested for a bailable offense is entitled to immediate release upon bail. Furthermore, if a police officer makes an arrest without a warrant for a non-bailable offense, they must notify the arrestee that they have the right to apply for bail and may arrange for sureties accordingly. c) **The Right to be Produced Before a Magistrate Without Delay:** In accordance with Article 33(2) of the Constitution and Section 61 of the Code of Criminal Procedure, no police officer shall detain an arrestee in custody for more than 24 hours—excluding the time necessary for travel from the place of arrest to the magistrate—without a special order under Section 167. In *Khatri (II) v. State of Bihar*, the Supreme Court affirmed that the state and police are under a constitutional and legal obligation to produce the arrestee before a judicial magistrate within 24 hours. Failure to do so compels the magistrate to enforce this duty. Furthermore, in *Sharifbhai v. Abdul Razzaq*, the court ruled that any police officer who fails to produce the arrestee before a magistrate within the prescribed timeframe may be held liable for wrongful confinement. d) **The Right to Consult a Legal Practitioner:** Under Article 33(1) of the Constitution, any person accused of an offense in criminal proceedings is entitled to consult and be defended by a legal practitioner of their choice.What is Judicial Review? How does it shape the Law and Society?
e) **The Right to Free Legal Aid:** If an accused person facing trial in a Court of Sessions lacks the means to retain counsel, and the court finds them indigent, it is the duty of the court to appoint an attorney for their defense. All courts and magistrates are obligated to inform destitute litigants of their right to free legal services.What is Res Judicata? Conditions and Constructive Res Judicata
f) **The Right to Inform Friends or Relatives:** Pursuant to Article 33(1) of the Constitution, upon bringing an arrestee to the police station, the police must immediately notify a relative, friend, or any other person of the arrestee's choosing, and disclose the location of their detention. The police must record the name and address of the individual so notified. g) **The Right to Medical Examination:** As directed by the High Court in *BLAST v. Bangladesh and Others*, the police officer is empowered to have the arrestee examined by a registered physician, and the accused, in turn, has the right to request such an examination. This right persists from the time of arrest through the duration of police custody and production before the magistrate, provided the magistrate does not find the request to be frivolous or intended to delay the administration of justice. In *Sheela Barse v. State of Maharashtra*, the Supreme Court held that it is the duty of the magistrate to ensure the accused is informed of their right to a medical examination. h) **The Right to Return of Seized Property:** Under Section 51 of the Code of Criminal Procedure, an arrestee has the right to the safe return or secure storage of any personal property seized during the arrest. i) **The Right to be Free from Torture:** Under Article 35(5) of the Constitution, an arrestee has the right to be free from mistreatment, abuse, or torture while in police custody for interrogation or investigation. Under Section 50 of the Code of Criminal Procedure, only such restraint as is necessary to prevent escape may be exercised; the use of excessive force or the infliction of unnecessary physical hardship is prohibited. Violations of these rights—such as custodial torture or the extraction of forced confessions—fatally undermine the integrity of the judicial process, leading to the punishment of the innocent while allowing the truly culpable to evade justice. Under Section 220 of the Penal Code, any public servant who corruptly or maliciously commits a person to confinement or detention in contravention of the law faces up to seven years of imprisonment, a fine, or both.