Posted In: Criminal Law
Posted By: RASHICHOUDHARY
As per the principle, one is taken under consideration innocent until tested guilty.
There are positive elementary rights of accused persons under the constitution of India and Indian Laws. These rights are given to any or all or any, notwithstanding the actual fact if somebody is a litigator of a criminal offense.
Therefore, till the time the crime isn't tested, there are positive rights of accused of crimes. In India, these rights to the litigator are given on the lines of - ‘Let loads go unreproved, but never punish innocent people’
Under Indian Law:
Presumption of Innocence:
In Blackstone's far-famed words, it's higher that 10 guilty persons escape than that one innocent suffer. The essence of criminal trial lies therein the defendant is to be presumed innocent till a charge is evidenced against him with none affordable doubt.
Right to know The Grounds of Arrest:
As per Section 50(1) C.R.P.C., wherever an individual inactive while not warrant is entitled to grasp the complete particulars of offence that he's being arrested and wherever an individual is arrested with warrant, he should be notified the particulars of such warrant, or maybe show such warrant if required. Sec. 75 of Cr.P.C.
Right to have Bail:
Any person who is arrested without a warrant and is a defendant of a bailable offence has got to learn from the policeman that he's entitled to be discharged on bail on payment of the surety quantity.
Right to bring before a Magistrate without Delay:
Irrespective of the actual fact, whether or not the arrest was created with or while not a warrant, the one who is creating such arrest has got to bring the arrested person before a judicial officer with no extra delay. By Sec 56 and 76 of the code, an accused has got to be produced before an official inside the 24 hrs.
Right to free, truthful and speedy trial:
As justice delayed is justice denied, the thought of speedy and timesaving trial was introduced by that the defendant person is given truthful and impartial justice quickly.
Right to Consult a Legal Practitioner:
This has been enshrined as an elementary right in Article 22(1) of the Constitution of India, that can not be denied in any case. Section 50(3) of the Code conjointly lays down that the person against whom proceedings are initiated features a right to be defended by a counselor of his selection.
Right of Free Legal Aid:
A duty is obligatory on all magistrates and courts to tell the impoverished defendant of his right to induce free legal aid. it's clear that unless refused, failure to produce free legal aid to an impoverished defendant would vitiate the trial entailing setting aside the conviction and sentence.
Right to Be Examined by a Health Practitioner:
Section 54 of C.R.P.C. enumerates this right. If requested by the arrested person therefore to try to direct the examination of the body of such a person by a registered health professional unless the official considers that the request is created for the aim of vexation or delay or for defeating the ends of justice.
Right to privacy and protection against search without warrant:
The police officers cannot violate the privacy of the defendant on a mere presumption of an offence. The property of a defendant can not be searched by the police without a warrant.
Right to be present throughout trial:
Section 273 of the Code provides that every one proof and statements should be recorded in presence of the defendant or his criminal attorney.
Right to induce Copies of Documents:
The defendant has the right to receive copies of all the documents filed by the lawyer in regard to the case.
Right to be present at the trial:
The defendant person has the proper to be gift throughout his trial and has testimony given ahead of him.
Right to cross-examination:
The defendant has the right to be cross-examined by the lawyer to prove his innocence.
Right to Appeal:
The rights of arrested persons embody the proper to file an appeal against his conviction in a very higher court.
Right to Humane Treatment in Prison:
The defendant features a right to possess all his human rights once in jail and be subjected to humane treatment by the jail authorities.
How can Contract Easily help you with this?
Contract Easily understands what are the rights of the accused and provides you with a list of lawyers to connect.
Any person who is accused of committing a crime must consult a best criminal lawyer to file for a bail application when his rights are violated at any stage.
Get in touch with the best criminal lawyers in India through Contract Easily. Just send in your query at Contract Easily.
Contract Easily acts as Client's legal consultant providing technology solutions.
Contract Easily will find you the expert lawyer anywhere in India.