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Here is a simple thread to understand the rights of an arrrested person / anybody against police. Our constitution provides such rights and articles. Here im jus giving with provisions
Article 20 says that "no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force.
Art 22 - that No person shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by, legal practitioner of his choice. (appointment of advocate)
Sec 50(1) of Cr.P.C., where a person arrested without warrant is entitled to know the full particulars of offence for which he is being arrested and where a person is arrested with warrant, he must be notified the particulars of such warrant, or even show such warrant if needed.
Art 136 indian constitution.-Right to have Bail: Any person who is arrested without a warrant and is accused of a bailable offence has to be informed by the police officer that he is entitled to be released on bail on payment of the surety amount.
Section 54 of Cr.P.C. . If requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay (medical)
Sec 273 allows All evidence and statement can b recorded In the presence of accused or the lawyer
Sec 56 nd 76 explains the accused has to be produced before the magistrate on 24 hours of detaining.
Accused person has the rights to view the documents too.
Also there are general things public must keep in mind before approaching police.
Must be clear of our stand of why we are approaching police.
Must be clear of our stand of why we are approaching police.
If its a complaint make sure its needed. And hav the exact information of the incident or person u are complaining of.
Hav a precised written complaint explaining the issue clear and pointimg persons who are involved. Better if it is typed. Hav a alternate copy with you. Because u cant get that copy from police diretly after filed.
Look for the right IO (investigating officer) and file it. Or approach inspector. The important is u get a a CSR community service register after filing the complaint. that wil b useful in future to file FIR if it is Cognizable offence.
Approach everything legally. Better hve a legal assistance.
