The wisest thing you can do while being arrested is to keep quiet till you are represented by your lawyer. It is important to keep in mind that if you are arrested then you have the right to remain quiet and ask for a lawyer to present you. You must not say anything till a lawyer has been provided to you.
As we all have often seen in the movies, the police take an individual into custody while arresting such an individual. The police authorities use such force as required for restraining the individual and arresting them. There are certain other rights of the individual who is arrested and must be exercised cautiously. Similarly, the police authorities have certain rights while arresting an individual which must be exercised for fairness of justice.
Whenever you are arrested for any offence committed you will require a lawyer to present on your behalf as mentioned above. If the crime is committed by you or you have been arrested for false charges of committing a crime, you must hire the best criminal lawyer in Delhi. With thousands of top criminal lawyers in Delhi providing legal services it becomes tough to select the best one for your case.
Do not worry, we have listed down the rights you have when arrested by a police officer.
Rights of the Arrested person
The police officer while making an arrest must have a warrant in case of a non-cognizable offence. However, they can make an arrest without a warrant in case of cognizable offences. You can find provisions relating to the important rights of an arrested person in the Code of Criminal Procedure (CrPC) as well as the Indian Constitution. Following are certain rights that an arrested person should do and do not when arrested.
Before proceeding with the rights of the arrested persons, as mentioned earlier, you should not speak when asked by the authorities regarding your case in the absence of a lawyer. While being arrested you should not use force, because if you do so then you would end up being injured and charged with resisting arrest. The situation may turn worse if you resist an arrest.
You have the right to ask the concerned police officer regarding the grounds for making such an arrest. Section 50 of the CrPC makes provision that the police officer making an arrest without a warrant shall inform the offence as well as the grounds for such an arrest.
You must ensure that the police authorities produce before the Magistrate having jurisdiction within 24 hours of arrest without any unnecessary delay. If the police officer fails to produce the arrested person before the Magistrate within 24 hours they shall be liable for wrongful detention.
The provision of bail in case of a cognizable offence must be informed to the arrested person as a matter of his/her right and thereby giving them the right to make arrangements for sureties on their behalf. Lead India offers a wide range of the best criminal lawyers in Delhi who can file bail applications on your behalf.
Most importantly, an arrested person has the right to consult a lawyer for their case. You can find top criminal lawyers in Delhi by reaching out to Lead India. Every such individual who is alleged to have committed an offence and is arrested by the police has the right of being defended by a criminal lawyer in Delhi. Meeting and consulting the lawyer throughout the investigation after an arrest cannot be denied by the police officer.
As mentioned numerous times, the arrested person has the right to keep silent. The provision relating to keeping silence can be derived from the provision mentioned in CrPC and the Indian Evidence Act. The police authorities cannot compel the arrested person to speak in the absence of his or her lawyer.
Apart from these above-mentioned rights, an arrested person has the right to inform about the arrest to one friend, relative, or any other individual having an interest in them. You must exercise such rights when the police officer has made the arrest.
How can we help you?
Lead India offers a platform of a wide range of lawyers including criminal lawyers in Delhi. You can get expert advice and guidance from the best criminal lawyers in Delhi by connecting with us. The top lawyers in Delhi will assist in dealing with your case, present in the trial proceeding, and file bail applications, criminal appeals, etc.
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