Power of Accused
According to Section 50 of the Criminal Procedure Code, when a person is arrested without any warrant by a police officer in a bailable offense, the said person has the right to state the reason for the arrest and also to state that the offense is bailable. And by arranging bail, he can get his bail.
According to Section 75 of the Criminal Procedure Code, if a police officer is arresting a person on a warrant, the said warrant will be shown to him if required by the said person.
According to Section 51 of the Criminal Procedure Code, if a person is arrested by a police officer without warrant or warrant in which he cannot be given bail or arrested in a bailable offense but he is unable to give bail and The possession of the said arrested person is taken from the police in possession of the object, his receipt must be given to him by the arresting police officer.
According to section 436 of the Code of Criminal Procedure, if a person is arrested in a bailable offense, he will be released on bail immediately if he is granted bail.
According to section 54 of the Criminal Procedure Code, the arrested person has the right to get a medical examination done by a registered medical practitioner on his request. The main purpose of this section is to protect the arrested person from police harassment.
In the course of an investigation, the accused may present the details of his innocence when asked by the police officer and it is the duty of the investigator to check the said cleanliness given by the accused before concluding the investigation.
According to section 167 of the Criminal Procedure Code, after the arrest, no person shall be placed in police custody for more than 24 hours and shall be produced before the court concerned. If he is kept in police custody for more than 24 hours after his arrest, the Magistrate may refuse to grant remand, considering such arrest as illegal.
According to the decision passed by Hon’ble Supreme Court in the Government of West Bengal dated 18-12-12 1996 in Criminal Writ Petition No. 539/86 D.K.Basu, if a person is arrested, he should meet his advocate during the inquiry Will be given.
If a person is arrested in a crime or surrendered in the court is detained in jail under judicial custody and 90 days in a criminal offense punishable by imprisonment of 10 years or more in the Criminal Procedure Code prescribed by the discretion. If the charge sheet is not presented in the court within 60 days) then the accused will have the right to get bail as per Section 167 of the Criminal Procedure Code.
According to Para 116 of the Police Regulation, the accused identified with the proceedings have full right to hide their face.
In the Criminal Writ Petition No. 539/86 DK Basu v. Government of West Bengal, as per the decision passed by Hon’ble Supreme Court dated 18-12-2006, if a person is arrested or detained, he shall have the right That the information of his arrest must be sent to his family, relatives, friends or acquaintances and what is the responsibility of the arresting police officer that the information of his arrest must be immediately given to any of his family, friends, relatives or acquaintances whose entry in the scheme.