Rights of the Accused, Clearly Explained

You have the right to know the reason for arrest (CrPC Section 50). You have the right to contact and speak to a lawyer of your choice (Section 41D). The police officer will have to clarify his identity and prepare an arrest memo.

It is a document on which the time, place of arrest, name and designation of the arresting officer are written. It should also be signed by your family member or a respected person.

No, as per the directions of the Supreme Court, the police cannot handcuff any person under normal circumstances. Only when there is a strong possibility of the accused turning violent or running away and special permission has been taken from the Magistrate, handcuffs can be imposed.

The police are obliged to produce you before the nearest magistrate within 24 hours of your arrest. This does not include travel time (CrPC Section 57).

Police Remand: When the magistrate sends the accused back to police custody for questioning and collecting evidence. This can be for a maximum of 15 days. Judicial Custody: When the accused is sent to jail (under the Jail Superintendent). During this period, the police cannot interrogate him without the permission of the court.

No, the general rule is that no woman can be arrested after sunset and before sunrise. In exceptional circumstances, this can be done by a woman police officer only with special permission from the First Class Magistrate.

Yes, it is the duty of the police to immediately inform any person nominated by you (family member or friend) of your arrest (CrPC Section 50A).

When you are produced before the magistrate, you should immediately inform the magistrate about this and demand a medical examination. You can also complain to the Human Rights Commission.

You have the right to live in a safe and clean environment, to have adequate food, to receive medical care, and to have access to your family and a lawyer. You also have the right to protection from torture or inhuman treatment.

Yes, in many prisons prisoners are given facilities to get education and take examinations. Institutes like IGNOU run courses even in jails.

Yes, if an undertrial has spent half the maximum period of punishment prescribed for that offense in jail, he can be released on a personal bond under Section 436A of CrPC.

Yes, if the role of a person comes to light in the investigation, the police can make him an accused. Mere absence of name in the FIR is not complete protection.

The accused can give his alibi, location, CCTV, call records, documents and witnesses to the investigating officer. If necessary, protection or cancellation of FIR can be sought in the High Court.

Cooperate in the investigation, appear on notice, do not contact witnesses, do not destroy evidence and follow the conditions of the court.

The family should immediately contact the advocate, obtain the FIR and remand papers, look into the medical condition and prepare the bail application in the appropriate court.