STUDY MATERIAL

(Technical Grooming /LLB_6th Semester)

Module I: Introduction

Table of Contents:
1) Explain the rights of arrested person as per the provisions of BNSS.

Ans.
The Constitution of India has laid down some basic rights for the accused at the time of the
arrest. Rights like Right to be informed, right to be presented before a magistrate within 24
hours, right to consult a legal practitioner of choice finds a place in Article 22, CrPC and BNSS
as well.

Right to be informed of the grounds of arrest

Article 22 of the Constitution expressly provides Protection to an accused against arrest and
detention

Article 22(1) says that no person who has been arrested shall be detained in custody without
being informed of the grounds of arrest and nor shall be denied the right to be consulted and
defended by a lawyer of choice.

Section 50(1) CrPC and section 47 of BNSS also mention that every police officer or any other
person arrested has the duty to inform all the particulars of the offence to the accused forthwith
(immediately).
The rules originating from the decisions such as Joginder Singh v. State of U.P. and D.K.
Basu v. State of West Bengal have been enacted in Section 50-A making it obligatory on the
part of the police officer not only to inform the friend or relative of the arrested person about
his arrest etc. but also to make an entry in a register maintained by the police in the police
station. The magistrate who is observing such arrest is also under an obligation to satisfy
himself about the compliance of the police of all the procedures in this regard.

Right to be released on bail

Section 50(2) CrPC provides that “where a police officer arrests any person other than a person
accused of a non-bailable offence without warrant, he has the duty to inform the arrested person
that he is entitled to be released on bail and he may arrange for sureties on his behalf.” Section
47,48, 38 of BNSS dealing with the provisions.

Right to be produced before a magistrate

Article 22(2) of the Constitution provides that every person who is arrested should be presented
before the nearest Magistrate within 24 hours of such arrest, excluding the time of journey from
the place of arrest to the place of magistrate. No person will be detained in custody of the police
beyond the said period without the authority of the magistrate.

Section 55, 56 and 57 of CrPC and section 55 of BNSS also provides for the same. If the
person arrested is not presented before the Magistrate within the reasonable time and without
a just reason, the arrest will be unlawful.

Protection against arrest and detention

Article 22(1) talks about the duty to inform the accused of the grounds of arrest and to consult
a lawyer of choice. Article 22(2) makes it mandatory for the police officer to present the person
arrested before a magistrate within twenty-four hours and cannot be detained beyond the said
period.
Right to consult a legal practitioner

Article 22(1) and Section 41D CrPC and section 38, 41D of BNSS gives the accused the right
to be consulted and defended by a legal practitioner of choice.

Right to free legal aid

Article 39A (Directive Principles of State Policy) provides that it is the duty of the state to
provide justice on easily accessible terms so that every citizen can easily approach the courts
to enforce their rights. It ensures to provide justice based on equal opportunity through free
legal aid or legislation favouring people who cannot access justice because of economic
conditions or any other difficulty. For this, institutions like Legal Service Authorities are
established at National, state and district levels.

Hussainara Khatoon v. State of Bihar

In the case of Hussainara Khatoon vs. State of Bihar, a Public Interest Litigation (PIL) was
filed in the name of Hussainara Khatoon, a prisoner in a jail in the Supreme Court. The Court
held that if an accused is not able to afford the legal services he has the right to free legal aid
at the cost of the state. It is one of the duties of the state to provide a legal system which
promotes justice on the basis of equal opportunity for all citizens who are denied access to
justice because of economic conditions or other disabilities. Therefore, they must arrange for
free legal services for the individuals.

Right to be examined by a medical practitioner

Section 54(1) CrPC and section 51 of BNSS gives a right to the accused to proceed with a
medical examination of his full body in case this examination will afford evidence which can
disprove the commission of an offence or crime on him or prove the commission by any other
person at the time when he is presented before the magistrate or at any time during the
detention. It can happen with the
BBALLB, Semester - IV
Law of Crimes II (BBALLB405)
2024-2025

permission of the magistrate but if he thinks it is done just to cause a delay, he has the power
to cancel it.

Joginder Kumar v. State of UP

A petition was filed under Article 32 by a young lawyer. The Supreme Court held that it is
the right of an accused to be informed of the grounds of his offence, informed someone of
his arrest and to consult a lawyer are inherent in Article 21 and Article 22 of the Constitution.
It was also held that a police officer cannot arrest just because he has the power to do so. It
should exhibit a clear justification for every arrest. Since there is some amount of harm
caused to the reputation of a person when he is put behind bars. Therefore, every arrest
should happen after reasonable satisfaction and the minimum level of investigation as to the
genuineness and bona fides of a complaint. Apart from these certain guidelines, were also
provided that needed to be necessarily followed at the time of the arrest. This case law is
taken into consideration for looking for rules apart from those mentioned in CrPC.

Prepared by: Brainware School of Law