Article 20 of the Constitution of
India prohibits:
- Conviction or greater sentence for an offence under
ex post facto criminal laws
- Prosecution and punishment for the same offence
more than once
- Compelling a person accused of any offence to be
a witness against himself
Article 21 protects against arbitrary:
- Arrest
- Detention and
- Deprivation of life and personal liberty
Article 22 guarantee to a person
arrested for any offence:
- Right to be informed as soon as may be of the grounds
of arrest
- Right of freedom to consult and to be represented
by a lawyer of his own choice
- Right to be produced before a Magistrate within
24 hours of arrest and detention beyond the said period
only on the order of the Magistrate
Free legal aid is provided to those who cannot afford
the same.
It is provided not only when trial commences but also
during police custody or during production before the
magistrate for the first time or for remand from time
to time. Eligible persons for free legal aid in UT of
Chandigarh are:
- Member of a Scheduled Caste or Scheduled Tribe
- A victim of trafficking in human beings or begar
as referred to in Article 23 of the Constitution
- A woman or a child
- A mentally ill or otherwise disabled person
- A person under circumstances of undeserved want
such as being
- A victim of a mass disaster, ethnic violence, caste
atrocity, flood, drought, earthquake or industrial
disaster; or
- An industrial workman; or
- In custody including custody in a protective home
within the meaning of clause (g) of section 2 of the
Immoral Traffic (Prevention) Act, 1956, or in a juvenile
home within the meaning of clause (j) of Section 2
of the Juvenile Justice Act, 1986, or in a psychiatric
hospital/or psychiatric nursing home within the meaning
of clause (g) of section 2 of the Mental Health Act,
1987
- In addition to the persons mentioned in clauses
(a) to (g) of section 12 of the Act, a citizen of
India whose annual income from all sources does not
exceed fifty thousand rupees
Section 50 CrPC provides for Communication
of:
- Grounds of arrest to the accused person
- Right to be released on bail if a person is arrested
not for a non-bailable offence and that he may arrange
for sureties on his behalf
Sections 49, 54, 56 and 76 CrPC put
in effect Constitutional provisions to prevent arbitrary
exercise of power to arrest
- An arrested person cannot be subjected to more
restraint than is necessary to prevent his escape.
(Section 49 CrPC)
- Use of handcuffs is permitted only in exceptionally
rare cases to prevent escape or violence keeping in
view the propensity of the arrested person
- Medical examination of an accused by a medical
practitioner. (Section 54 CrPC)
- Expeditious production of a person arrested without
a warrant, subject to provisions regarding bail, before
a Magistrate or the officer in charge of a police
station. (Section 56 CrPC)
- No detention of a person arrested without warrant
beyond 24 in the absence of a special order of a Magistrate
under section 167 CrPC (Sec. 57 CrPC)
- Production before a Magistrate within 24 hours
of person arrested in execution of warrant. (Sec.
76 CrPC)
Section 47, 51, 100 and 165 Cr.PC
while empowering search also lay down safeguards.
- Safe custody of articles seized from the person
of an arrested person and giving of a receipt in this
regard. (Sec. 51CrPC)
- Association of witnesses, search in their presence
and signing of the search list by them; occupant or
his representative to be allowed to be present during
the search and providing of a list of seized articles
to the person searched. (Sec.100 and 165 CrPC)
Section 436, 437, 438 alongwith Sections 50(2)
and 167 CrPC provide for the procedure for
release on bail.
- Bail, on production of proper surety/bond, is a
matter of right in case of bailable offences. (Sec.
436 CrPC).
- In non bailable cases, the arrested person or his
counsel can move the appropriate Court for bail, which
may be granted or denied keeping in view the legal
provisions and the facts and circumstances of the
case.
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