Here are some fundamental rights and protections provided to an arrested person in India:
1. Right to be Informed of Grounds of Arrest [Article 22(1) & Section 50 of CrPC]: The person who is arrested must be informed of the grounds of his/her arrest by the arresting authority. This must be done in a language they understand.
2. Right to Legal Counsel [Article 22(1) of the Constitution & Section 303 of CrPC]: Every arrested person has the right to consult and to be defended by a legal practitioner of his/her choice.
3. Right to be Presented Before a Magistrate [Article 22(2) & Section 57 of CrPC]: The arrested person must be produced before the nearest magistrate within 24 hours of the arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate.
4. Protection against Detention beyond 24 hours [Article 22(2)]: No individual can be detained in custody beyond the said period of 24 hours unless it is done in accordance with the orders of a magistrate.
5. Right to be Free from Unnecessary Restraint [Section 49 of CrPC]: The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
6. Right against Self-incrimination [Article 20(3)]: An arrested person cannot be compelled to be a witness against himself/herself, meaning they can't be forced to give a confession.
7. Right to Medical Examination [Section 54 of CrPC]: An arrested person has a right to be medically examined if he/she requests it. This is to ensure that they haven't been subjected to physical harm while in custody.
8. Protection from Cruel and Degrading Treatment: An arrested person has the right to be treated with dignity, and he/she is protected from torture or cruel, inhuman, or degrading treatment.
9. Right to Bail [Section 50(2) of CrPC]: The police are obligated to inform the arrested person of his/her entitlement to a bail if the offense for which they are arrested is bailable.
10. Right to Fair Trial: Every individual arrested has the right to a fair trial, where procedural laws are correctly followed, and they are given an opportunity to present their case.
11. Protection against Illegal Arrest: Illegal arrest or wrongful confinement can lead to legal action and compensation for the arrested individual.
12. Protection against Double Jeopardy [Article 20(2)]: An individual cannot be prosecuted and punished for the same offense more than once.
These rights serve to ensure that the rule of law is maintained and that the personal liberties of individuals are not unduly infringed upon by the state or its agents. Over the years, the Indian judiciary has played a pivotal role in interpreting, upholding, and expanding these rights to prevent potential abuse of power by the law enforcement agencies.
