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.
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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