charged with an offence shall be heard in person or by an Attorney-at-law at a fair trial by competent Court. This Article also sets out that every person shall be presumed innocent until he is proved guilty. On the other hand, the Code of Criminal Procedure contains several safeguards accorded to the accused, commencing from his arrest to the conclusion of the trial. In this process the law also contains several provisions that would ensure a fair trial for the accused. B. Rights while Arrested and detained Studies show that the number of preventive arrests and arrests for petty offences were substantially large, the percentage of under trial prisoners was unusually high and most of them were there because they were not able to post bail or furnish sureties. 35 The following safeguards are provided by the Constitution, IPC and Cr.PC and also the guidelines given by the Supreme Court. ¾ ¾ ¾ ¾ ¾ ¾ ¾ 35 Art. 21 of the Indian Constitution - No person is deprived of his/her right to life or personal liberty, except in accordance with the procedure established by law. Guidelines on Arrest, DK Basu vs State of West Bengal AIR 1997 SC 610 - The identity of the police officer effecting arrest is clearly indicated by means of a name plate and rank. Art 22 of the Indian Constitution - The arrestee is informed of the full particulars or the grounds of arrest. Section 50 –A (1) Cr. PC - A relative or a friend of the arrestee is informed about the fact of arrest and the place where he/she is being detained. Section 50 A (3) Cr.PC - That information regarding the arrest and the person informed about the arrest is recorded in the designated register kept in the police station. That if some injuries are found on the body of the arrested person at the time of arrest, the same are specified in the Arrest Memo and the arrested person is medically examined. Section 46(4) Cr. PC - That no woman is arrested after sunset and before sunrise, other than in exceptional circumstances. Law Commission of India- Consultation paper on Law relating to arrest, Nov 2000 Manual on Human Rights for Police Officers 57

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