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21 Mar 2019

गिरफ्तार व्यक्ति के 8 कानूनी अधिकार || What is your rights on arrest

Friends, as you know, the police atrocities on the common man in India, although they do not do anything, they kill them even if they do, so today we will tell you in this post, that the police also with you If you do, how can you prove him wrong and take off his uniform?

legal rights of the arrested person || What are your rights on arrest

First of all, you know this government and this policeman is the servant of this society, if you have not committed any crime, you are right, then you have no need to fear them, you open up and put your questions.

• Friends, you must have seen the police take a man without any matter and take him away in police station and leave him with some money, then you can raise a voice in this situation. That is, you will question him: -

1. If you arrest the police then you ask what I have committed, what is the crime that you are arresting me, you have the right to ask these questions and tell them this is their right.

2. If you did not commit the crime, then ask the police to say my archer-warrant, show me If you have committed a crime, then the police can arrest you without an arrest warrant.

3. During the arrest, the criminal's arrest memo is made. Ares Memo is a paper in which the police writes during the arrest. We are arresting this person, and doing this place, time, date, place, in front of whom arrested What is being arrested, who is arresting, and who is arresting the police, these are all for signature.

4. While arresting the culprit the police must be in the uniform of the police.

5. There is no right to kill the offender in the place where the culprit is being arrested, if a policeman kills you, then you can raise a voice over him.

8 legal rights of the arrested person || What are your rights on arrest

6. If you ask him in a police station and ask him, then you told him that before you meet my lawyer, after you meet him, I will answer your questions, you have the right to speak it, and it is the duty of the police to follow it. , And the police will give you a lawyer.

7. After 12 hours of arrest, the family members of the arrested person have the right to tell the police that your Bandh is in this police station and it has done this and you can talk to us in the police station.

8. The police have the right to present the person whom they have been arrested in the court within 24 hours, if they do not do so, then you raise the voice, so that the police will be subjected to strict action.

According to Section 50 (1) D.P. No., every police officer or other person who is arrested without warrant, will immediately inform the person for which he has been arrested, full specifications or other basis of such arrest.

According to Section 50 (2) D.P., where no police arrest any person other than the accused, the person who is arrested, will inform the arrested person that he has the right to be released on bail and to make a surety. .

About handcuffing -

Prem Chand Shukla v. Delhi Administration A.R. In the year 1980 SC 1535, it has been proposed that the prisoners under consideration should not be brought in from prison to the court or till the court is sent to jail. The officer responsible for the custody of the captive should consider the matter of each prisoner and decide that the prisoner is a person whose circumstances or conduct, regardless of behavior and character, can be assumed that he will try to escape or Keeping this principle in mind, Shanti will dissolve and decide on whether to disarm or not to take the prisoner.

Can anyone arrest other than the police?

Any person can arrest a proclaimed offender and anyone who does a non-bailable and cognizable offense. Any person who sees any person committing a criminal offense, and they have a good reason to believe that the same person has committed a crime, he can arrest. As soon as the arrest is made, the person arrested has to be taken to a police officer or judge, who takes him into custody.

Rights of the arrested person:

Whether you are an Indian citizen or not, you have some right to be arrested under the Constitution of India.

1. The arrested person has the right to inform any member, friend or relative of his family under section 50 of the CRPC.

2. The arrested person can not be detained for more than 24 hours without being presented before the Magistrate. This is done to prevent illegal and illegal arrests.

3. The arrested person has the right to conduct a medical examination.

4. You have the right to be silent - you do not have to speak or accept anything in front of the police. Whatever you say may be against you and therefore you have the right to say nothing to the police.

5. When you are questioned, you have the right to be a lawyer. If you are not able to fill the lawyer's fees, then the government will appoint you a lawyer.

6. Right to inform about the allegations- According to Section 50 of the CrPC and the Constitution of India, the person accused of crime should be informed about the crime and whether it is a bail or non-bailable offense. In the case of non-bailable offense, bail is granted in accordance with the court's discretion, which is a bailable offense, in which the accused has the right to get bail.

7. If you have been arrested for serious crime, you should contact an attorney as soon as possible because there is a better understanding of what an attorney should say in front of the police. The lawyer will also be able to assist you in securing bail.

Delhi High Court has directed you to the Government of Delhi and Delhi that in the event of police custody in the case of arrest or criminal cases, the Governments run awareness campaign to inform the public about their rights.

Acting Chief Justice Gita Mittal and Justice C. Harishankar commented that the Supreme Court had said in its judgment that even in the case of non-bailable offenses and cognizable offenses, the police can not be automatically arrested or detained.

It mentioned the instructions of the apex court and said that the police has issued permanent orders in this regard but in the event of arrest, people seem unaware of their rights.

In its judgment, the Supreme Court had emphasized the need to exercise caution while using the strong force of arrest, which has been used for years by the police administration as a means of harassment and it has made tremendous contribution to police corruption in India. Have also given

The court said, the defendant center and the Delhi government will ensure that the immediate orders issued by the Delhi Police in October 2008 will be taken promptly to disseminate information about the guidelines established for arrest.

The bench said that this material should also be broadcast in local languages ​​and distributed among the members of the public and if a person is arrested, then a copy should be provided to each person.

It said that the Delhi Police Commissioner will examine the possibility of making a helpline number in this regard from where the information of his family, relatives and friends in connection with the arrest or custody of a person can be obtained.