Regulation of powers of police is necessary for safeguarding the rights of the arrested person as well as society at large.
- RIGHT TO KNOW THE GROUNDS OF ARREST (section 50): Any person who is arrested without warrant by the police officer or any other person. It’s the duty of police officer or any other person to inform the arrested person about the particulars of offence for which he is arrested.
Right to know the grounds of arrest is fundamental right under article 22(1) of Indian constitution. This right safeguards the personal liberty of arrested person. The earliest possible opportunity provided to arrested person to know the accusation against him and to clear misunderstanding if it is there. So after knowing the accusation he can consult his legal practitioner for defending him.
- INFORMATION REGARDING THE RIGHT TO BE RELEASED ON BAIL (section 50): article 21 of the Indian constitution talks about the liberty of person which is the basic right of every person.
- RIGHT TO BE PRODUCED BEFORE THE MAGISTRATE WITHOUT DELAY:
Arrested person should be kept in police station and not in any other place before producing him before the magistrate.
Section 56 says that person should be taken before the officer in charge or magistrate.
Section 76 says that person should be produced before the magistrate or officer in charge without any delay.
- SECTION 50A: this provision was inserted by the criminal amendment act of 2005. The idea propounded in this section is emerged in joginder kumar vs state of UP and D K basu vs State of west Bengal.
This section makes obligatory on the part of police to inform friend, relative or any other related person about the arrest of the arrested person and to make entry in the register kept by the police.
- RIGHT TO CONSULT LEGAL PRACTITIONER: article 22 of the Indian constitution grant the right to consult the legal practitioner. Article 21 mandate the free legal aid service for the indigent accused. Non compliance of this section will vitiate the trial.
- PERSON CAN’T BE DETAINED FOR MORE THAN 24 HOURS:
After excluding the time of journey from the arrested place to court. Section 57 says that the arrested person should be produced before the magistrate within 24 hours.
- RIGHT OF AN ARRESTED INDIGENT PERSON TO BE INFORMED ABOUT HIS RIGHT OF FREE LEGAL AID.
- RIGHT TO BE EXAMINED BY A MEDICAL PRACTITIONER section 54.