WHAT CAN YOU DO WHEN YOU ARE ARRESTED? GROUNDS FOR AN ARREST

WHAT CAN YOU DO WHEN YOU ARE ARRESTED?

Every citizen in the country is entitled to the right to live their life with freedom and liberty. The basic rights are under the constitution that is the right to life, right to equality, right to freedom of religion, right to education, right to freedom and many more. But if a person gets arrested so do his rights get surrendered. Whether a criminal has committed the offence or not, irrespective of it, he is granted certain rights to defend himself. Under Article 21 of the Indian Constitution, a human shall be denied of his right to life and personal liberty except if established by law which means that the process must be fair, clear and not arbitrarily.

 

WHAT IS AN ARREST?

A person who has committed the offence is arrested and taken into custody by the police for any commission of offence on his part. Once arrested, his rights of moving freely are restricted by detaining the arrested person, there is a restriction on him to avoid any further crimes. An arrest can be made with a warrant or without a warrant. An arrest is made without a warrant by the police officer when the offence committed is serious and offensive for public safety. . An arrest can also be made when the magistrate issues a warrant which is supported by probable cause.

 

GROUNDS FOR AN ARREST:

An arrest can be made on 2 grounds, one is cognizable and the other is the non-cognizable offence.

The cognizable offences include the following grounds for arrest. Arrest for the cognizable offence is made without a warrant.

  • Murder.
  • Rape.
  • Theft.
  • Kidnapping.
  • Counterfeiting.

Under non-cognizable offences, the arrest is made with a warrant for the below offences committed-

  • Forgery.
  • Cheating.
  • Assault.
  • Defamation.
  • Public nuisance.

 

RIGHTS OF ARRESTED PERSON-

 

If any of your relative/friends/family members have been under arrest, the following rights have been allotted to him under the law-

  1. Right to know about the grounds for arrest.
  2. Right to be produced without any delay before the Magistrate.
  3. Right to get bail.
  4. Right to have a fair trial.
  5. Right to seek legal aid by consulting a lawyer.
  6. Right to free legal aid.
  7. Right to remain silent.
  8. Right to not be detained for more than 24 hours under police custody without a warrant.
  9. Right for the accused to be examined by a medical practitioner.
  10. Right to be kept in proper custody and care by police authorities.
  11. Right to be free from cruel inhuman treatment when arrested.
  12. Right to seek compensation when arrested groundlessly.
  13. Right to be arrested without any bodily harm or strain by police authorities unless arrested for life in imprisonment.

After you are arrested, an investigation takes place. Every arrested person must be aware of the legal rights which are to remain silent and to seek the help of an advocate alongside every right mentioned above.

 

WHO CAN MAKE AN ARREST?

 

It is the police officer who makes an arrest. The police officer may without a warrant arrest any person if they have a good reason to believe that an offence has been committed by the accused.

Any citizen or a private security guard can make an arrest, if they have witnessed that a crime has been committed by the accused. Anyhow once an arrest has been made by anyone who is not police, the arrested person must be immediately taken to the police station within whose jurisdiction the offence was committed.

 

INVOKE YOUR RIGHTS.

 

After you have been arrested, you will be questioned about the offence committed by the officer. But if you agree to the questioning only on the condition that a lawyer must be present then questioning must be stopped at once and start with the presence of a lawyer. If one voluntarily wishes to answer the questions, the answers given by the arrested person can be used against them. A lawyer is better aware of what should be done and what should not be done before the officers to avoid using words that can be testified against the arrested person. Demand that you have a right to talk to a lawyer and only in his presence everything necessary will be answered.

 

LEGAL HELP WHEN ARRESTED.

 

A criminal lawyer is well aware of how bail is taken and advice is also given by the advocate to the family and the arrested person. In the presence of a lawyer, the police will not be in a position to misuse or take any action against the arrested person.

Criminal lawyers at VSK & CO Advocates and Legal Consultants, Bangalore and Hyderabad are here to assist you when you face any violation of your rights. Whether at the time of arrest, to seek bail or anticipatory bail and deal with criminal charges which are put against you or any of your friend/relative/family. In case of further details contact us-

Book Appointment

 

 

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