Some of the essential rights of an arrested person are as follows:

• Right to be informed about the grounds of their arrest
• Right to be informed about the right to Bail
• Right to be informed about a Relative or Friend
• Right to be presented before the Magistrate without unnecessary delay
• Rights to a fair trial
• Right to Legal Representation
• Right to free Legal Aid
• Right to remain silent
• Right to medical examination

1. Right to be informed about the grounds of their arrest

Every person arrested has the right to be informed about the grounds of such arrest. This is the most essential right concerning arrested persons as it allows them to know for what they have been accused of and under what grounds.

Section 50(1) of CrPC states that every police officer or other person arresting any person without a warrant shall inform him about the offence for which he is arrested and the grounds for such arrest with particulars.

Article 22(1) of the Constitution of India backs up this provision by stating that a person who is arrested shall not be detained in custody without being informed of the grounds for such arrest.

2. The right to be informed of the right to bail

Every person arrested has the right to be informed of their right to bail.

Section 50(2) of the CrPC states that when a police officer arrests a person without a warrant who has been accused of a bailable offence, he shall inform the person so arrested that he is entitled to be released on bail and that he can arrange for sureties for the same.

This is important since many people are unaware that they can obtain their release by providing a bail bond. This guarantees that a person is not detained unnecessarily if the offence is bailable.

3. Right to be informed about a Relative or Friend

The consequence of an arrest not only affects the person so arrested but also their relatives and friends.

The CrPC acknowledges this fact and requires the arresting police officer to give notice to a nominated individual about the person’s arrest. This way they will be able to know what has happened and can support them.

Section 50A of CrPC obligates the police officer to inform about the arrest of a person to his friends, relatives, or any other person of his family as nominated by the arrested person as soon as he is under custody.

4. Right to be presented before the Magistrate without delay:

Section 57 of the CrPC provides for the rights of an arrested person to be presented before a magistrate without any unnecessary delay.

It states that a police officer shall not detain in custody any person arrested without warrant for a period more than twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. This guarantees that your detention is checked by a judicial official promptly.

Article 22(2) of the Constitution states that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate.

5. Rights to a fair trial

The provision relating to the right to a fair trial is not explicitly there in the CrPC; however, such a right can be derived from the Constitution and various judgments.

In the case Maneka Gandhi v. Union of India, the court held that procedures established by law as given under Article 21 affecting personal liberty must be “fair, just, and reasonable.”

Hence, all arrested persons are entitled to a fair hearing. They are entitled to the presumption of innocence until found guilty, the right to question witnesses, and the right to produce evidence in their defence and other such rights entitled to a person in a trial following the principles of natural justice.

6. The Right to Legal Representation

Article 22(1) of the Constitution provides that an arrested person shall not be denied the right to consult, and to be defended by, a legal practitioner of his choice.

Similarly, Section 303 of the CrPC provides for the right of the person against whom proceedings are instituted to be defended.

It states that any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code shall have a right to be defended by a pleader of his choice.

The Constitution and the CrPC provide for your right to consult and be defended by a lawyer of your choice. This is not a privilege, but a fundamental right. A lawyer can counsel you on your legal options, defend you in court, and ensure that your rights are not trampled over.

If you cannot afford to hire a lawyer, you have the right to free legal aid. This ensures that a person who is arrested receives the assistance of a legal practitioner of their choice, ensuring a fair and just legal process.

7. Right to free Legal Aid   

Justice cannot be denied because of economic limitations. Hence, the law makes provisions for free legal assistance to the poor.

Article 39A of the Constitution provides for equal justice and free legal aid. It states that the State shall provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice and equal opportunities are not denied to any citizen because of economic or other disabilities.

Also, Section 304 of CrPC provides for legal aid to the accused at the State’s expense in certain cases. It states that if in a trial before the Court of Session, the accused is not represented by a pleader, and it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.

The accused person’s rights cannot be refused even when they fail to apply for them. If the state fails to give legal aid to the needy accused person by providing them a lawyer, it will render the whole trial void. This right to free legal aid ensures that individuals who cannot afford legal representation are provided with assistance at the expense of the State by being represented in a court.

8. Right to remain silent

The right to remain silent takes its root from Article 20(3) of the Constitution, which states that no person accused of any offence shall be compelled to be a witness against himself.

It means the arrested person has a right to stay quiet and refuse to answer anything that could incriminate them. This right is important as it protects oneself from self-incrimination and ensures a fair trial.

9. Right to medical examination

An arrested person is also entitled to a medical checkup by a medical officer or a registered medical practitioner. The medical checkup shall aid in proving any abuse suffered by the accused. This right of an accused person to be medically examined is a crucial aspect of ensuring fair treatment, especially in cases where there are allegations of physical torture or ill-treatment. 

Section 54 of the Cr. P.C. provides for the Examination of an arrested person by a medical officer, and in case of unavailability, a registered medical practitioner in the service of the Central or State Governments, soon after the arrest is made.

In case the arrested person is a female, the examination of the body shall be made only by a female medical officer or practitioner. The medical officer shall then prepare a record of such examination and furnish a copy of the report to the arrested person, mentioning any injuries or marks of violence upon the person arrested, and the approximate time when such injuries occurred.