Rights Of Accused | Constitutional Law | Criminal Procedure | The National TV
- by Shashank-Pant
- May 07, 2020 18:02
Rights Of Accused
The constitution of India follows democracy and rule of law.
Free and fair trial is the right of the accused as it is the principle governed by natural justice even the guilty person is given such treatment. Accused gets his right from the supreme law of the land i.e constitution of India. He gets his right from the day he is arrested.
Under constitutional law
Our constitution is based upon principle 'let hundreds go unpunished but never punish an innocent person ’
Right to get a fair representation in a criminal procedure is a facet of right to equality under Article 14
Under Article 20 'no person shall be convicted except for the violation of law in force at the time of commision of the act
Under Article 21 Accused gets the right to get a humane treatment as it is a part of personal liberty
Under Article 22 it is said that accused person shall be informed about the grounds of arrest and shall be provided with the legal practitioner
Under criminal procedure
1-Presumption of innocence
Every accused shall be presumed to be innocent until a charge is proved against him.
2-Right to know the grounds of arrest
According to section 50(1) code of criminal procedure where a person is arrested without a warrant he is entitled to know the ground of arrest and when arrested with a warrant must be shown the notification in the warrant or the whole warrant.
3-Right to get bail
Any person who is arrested without a warrant and in bailable offense must be informed by a police officer that he is entitled to get a release on bail on payment of surety amount.
4-Right to be taken before a magistrate without delay
Irrespective of the fact the accused person must be taken before a magistrate without a delay given under section 56 and 75 of code of criminal procedure and must be brought before a magistrate within 24 hours of arrest given under section 57 of the same code.
5-Right to get free legal aid
If the accused is an indigent person it is the duty of the magistrate to provide him with a legal practitioner free of cost.
6-Right to be examined by a medical practitioner
Under section 54 of the same code accused has a right to be examined by a registered medical practitioner.
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