Right of Public

  • Article 21 of the Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. Every person has the right to live with human dignity which include guarantee against torture and assault.

  • Article 20(3) of the Indian Constitution gives the individual protection against self incrimination.

  • Right to be informed of the grounds of arrest (Section 50, 55 and 75 of the Cr.P.C. & Supreme Court Judgment in Writ Petition (Crl) No. 539 of 1986 D.K. Basu Vs State of West Bengal.

  • Right not to be subjected to unnecessary restraint (Section 49 of Cr.P.C.).

  • Right against arbitrary or illegal detention in custody (Section 56, 57 and 76 of Cr.P.C.).

  • Right to be released on bail if arrested (Section 436, 43, 50(2) and 167 of Cr.P.C.).

  • Right to obtain receipt when property is seized (Section 100(6) and (7) of the Cr.P.C.).

  • Right not to be detained for more than 24 hrs after arrest without judicial scrutiny (Section 57 of Cr.P.C.).

  • Right to medical examination at his behest to disprove the commission of an offence by him or to establish commission of an offence against his body by others (Section 54 of the Cr.P.C.).

  • Right to a fair and speedy investigation (Sec. 309 CRPC).

  • Right to legal aid at the expense of the State in certain cases (Sec. 304 of the Code).

  • Any person when arrested has the right to inform his friend/relative of his arrest or detention (Supreme Court Judgment in Writ Petition (Crl) No.539 of 1986 D.K. Basu Vs State of West Bengal).

  • Any person arrested/detained without reasonable grounds has the right to take shelter of the Court U/S 220 IPC.

  • Nothing is an offence which is done in the exercise of the right of private defense (Sec. 96 of IPC).

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