Protecting the Rights of People Under Investigation

Those who are being questioned about whether they were involved directly or indirectly with a criminal investigation must understand that they are being considered as a suspect. They must be very cautious when speaking, so that they do not sound guilty and their statements cannot lead them to criminal charges.

There are certain rights that provide protection to people under investigation and ensure that they are not mistreated simply based on accusations.
The rights of an accused person who is under investigation can primarily be found in the Constitution of India, under the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act, 1872.

Rights under the Evidence Act

• As per the provisions stated under Section 24, in certain situations, an accused is irrelevant in a criminal proceeding if the making of their confession seems to the Court to be caused by any form of inducement, threat or promise.
• As per the provisions stated under Section 25, confessions made before the police are deemed inadmissible in evidence that can be brought on record by the prosecution to obtain conviction.
• As per the provisions stated under Section 26, no confessions made by any individual while they are in the custody of a police officer, unless made in the immediate presence of a Magistrate, shall be proved against such an individual.
• As per the provisions stated under Section 53, in criminal proceedings, the fact that an accused individual is of a good character is significantly relevant.

Rights under Constitution and CRPC

Right to Consult a Lawyer

• As per the provisions stated under Article 22 of the Constitution, no arrested individual shall be denied the right to consult a legal representative of their choice.
• As per the provisions stated under Section 41D of CrPC, when any person is arrested and interrogated, they shall have the right to meet an advocate of their choice during the interrogation, but not through the entirety of it.
• Section 303 of the CrPC encompasses the right of the person against whom proceedings are instituted. Under this code, any individual accused of an offense before a Criminal Court or against whom proceedings are created may be defended by an advocate of their choice.
• Section 304 of the CrPC states that where, in a trial before the Court of Session, the accused is not represented by an advocate and where it appears to the Court that the accused does not have the right means to hire an advocate, the Court shall appoint an advocate for their defense at the expense of the State.
• As per Article 39 of the Constitution of India, the State shall ensure that the legal system’s operations promote justice based on equal opportunity and shall offer free legal aid through adequate legislation, schemes or any other way to make sure that no citizen is deprived of chances to secure justice because of any economic or other disability.

Right to Be Released on Bail

• Under Section 50(2) of the CrPC, when an individual is accused of an offense that is bailable, the police officer arresting such an individual shall inform them that they are entitled to be released on bail and that they can arrange for sureties on their behalf.

Right to be Produced Before Magistrate Without Delay

• As per Article 22 (2) of the Constitution of India, every person who is arrested and detained in custody shall be brought before the nearest magistrate within 24 hours of being arrested, excluding the time needed to travel from the place of detention to the court of the magistrate and that no individual shall be kept in custody and detained beyond the certified period without a magistrate’s authorization.
• Under Section 55 of CrPC, a police officer who arrests someone without a warrant must produce the arrested person without any delay before the Magistrate with jurisdiction or the police officer in charge of the police station.
• As per Section 76 of the CrPC, the arrested individual must be brought before Court without any delay.

Right to Know Grounds of Arrest

• Article 22 of the Constitution of India constitutes of regulations that provide protection against cases of arrest and detention. No individual who is arrested shall be kept in custody without being told, at the earliest, of the reasons for such an arrest. Further, they shall not be refrained to avail of the right to consult and be defended by a legal representative of their choice.
• As per Section 50 of CrPC, the individual arrested must be informed of the reasons of why they have been arrested and their right to bail. Every police officer or individual arresting anyone without a warrant shall inform the person of the offenses or other grounds for which they are being arrested.
• Section 50A of CrPC states that the police officer who made the arrest is obligated to inform about the arrest to the person nominated by the arrested individual. Each officer who makes an arrest under this Code shall forthwith give the details of such an arrest and about the place where the arrested individual is being held to any friend, family member or individual nominated by the arrested person to be given such details.
• Section 55 of the CrPC provides for situations when a police officer deputes a subordinate to arrest a certain accused individual without a warrant. In case an officer in charge or a police station or a police officer conducting an investigation cannot be present, then under Chapter XII, any officer subordinate to them can legally arrest, without a warrant, an individual and deliver them to the officer required to make the arrest order in writing. The writing has to specify the individual who must be controlled and the offense or reason for which the arrest must be completed and the required officer shall, before making any arrest, notify the individual to be arrested of the details of such an order or, if required by such person, show them the order.
• Section 75 of CrPC encompasses provisions according to which the police officer or any other individual executing a warrant of arrest shall notify the details of such an order to the person to be arrested and, if required, show them the warrant.

Right to be Examined by a Medical Professional

• As per Section 54, an individual, upon being arrested, shall go through mandatory examination by a medical officer. If the arrested individual is a female, her medical examination can only be conducted under the supervision of a female medical officer or a female registered medical practitioner.

Right to Receive Notice of Appearance Prior to Arrest in Certain Cases

• In cases where an individual’s arrest is not required under the provisions of Section 41(1) of CrPC, Section 41 mandates that the police officer shall issue a notice directing the individual against whom a reasonable complaint has been made or credible information has been received, to appear before them.
• As per Section 41A (3), till the time the person complies and continues to comply with the notice, they shall not be arrested for the offenses referred to in the notice unless for reasons to be recorded, the police officer thinks that the individual should be arrested.

Right to Humane Arrest

• As per Section 49 of CrPC, any individual arrested shall not be subjected to more restraint than needed to prevent them from escaping.
• As per Section 46 (1) during the arrest, the police officer shall actually touch or restrict the body of the person that must be arrested unless there is a submission to the custody through a word or action.
• As per Section 46 (4), save in exceptional situations, no woman shall be arrested before sunrise and post sunset.

Rights of Accused During Trial

• Section 207 of the CrPC states that in any case when proceedings has been started on a police report, the following documents should be provided to the accused without any delay:
      - FIR.
      - Police Report.
      - Recorded statements of everyone whom the prosecution wishes to examine as its witnesses.
      - Confessions and statements, if any recorded under Section 164.
      - Any other documents or relevant extracts.
• As per Section 208, any case instituted in any way other than the way of a police report, the following documents must be made available to the accused:
      - Statements recorded under Section 200 or 202.
      - Documents produced before the magistrate.
• As per Section 227, when the Judge is convinced after hearing all submissions and consideration of documents and records and there is no sufficient ground for proceedings against the accused, they shall discharge the accused.
• According to Section 243(1) of CrPC, the accused individual has the right to present their evidence and defend their case. The Magistrate is obligated to record written statements put by the accused.
• Section 273 of the CrPC bounds the Magistrate to ensure that all evidence taken in the course of the other proceeding shall be taken in the presence of the accused, or when their personal attendance is not possible, in the presence of their pleader.
• Right against Double Jeopardy: According to Article 20(2) of the Constitution of India, no individual shall be prosecuted and punished for the same offense more than once.
• Right against Self-Incrimination: According to Article 20(3) of the Constitution of India, no individual accused of any offense shall be compelled to be a witness against themselves.
• Rights under Article 21 of the Constitution of India are interpreted by the Courts as the following:
      - Right to fair trial.
      - Right to speedy trial.
      - Right to life.
      - Right against use of 3rd degree methods during the interrogation process.
      - Right against handcuffing except under exceptional cases.

Conclusion

Even if an individual has been accused or is being prosecuted of any crime, the Constitution of India provides them with certain rights that protect them while they are being prosecuted. From being treated humanely to being allowed to contact family and choose a legal representative, the Constitution of India ensures that no one is deprived of the right to a legally appropriate legal proceeding.