the occused will not be present in front of the magistrate within 24hours of arrest true/false
Answers
Article 21 of Indian Constitution provides few sparkles of hope to the lives of arrested, undertrials and convicts. The treatment of such people has to be humane and in the manner prescribed by law. In Maneka Gandhi v. Union of India {AIR 1978 SC 597} the Supreme Court held that State and for that matter the police as its principal law enforcing agency have the undoubted duty to bring offenders to book. Even so, the law and procedure adopted by the State for achieving this laudable social objective have to conform to civilized standards. The procedure adopted by the State must, therefore, be just, fair and reasonable.
I a person under any form of restraint there must be an arrest. Restraint or detention without arrest is illegal.
iv. RIGHT TO KNOW THE GROUNDS OF ARREST: Section 50(1) CrPC provides, “every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.” Apart from the provisions of CrPC, Article 22(1) of Constitution of India provides, “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
Based on decisions of Supreme Court in Joginder Kumar v. State of UP, (1994) 4 SCC 260 and D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 substantial amendments have been enacted in Section 50-A of CrPC in the year 2006 making in obligatory on the part of the police officer making an arrest to inform the friend, relative or any nominated person of the arrested person about his arrest, inform arrested person of his rights and make an entry in the register maintained by the police. The magistrate is also under an obligation to satisfy himself about the compliance of the police in this regard.
v. PERSON ARRESTED TO BE INFORMED OF THE RIGHT TO BAIL – Section 50(2) of CrPC provides that any person arrested without warrant shall be immediately informed of the grounds of his arrest, and if the arrest is made in a bailable case, the person shall be informed of his right to be released on bails. Section 50 is mandatory and carries out the mandate of Article 22(1) of the Constitution of India.
vi. SEARCH OF ARRESTED PERSON- Section 51 of CrPC allows a police officer to make personal search of arrested persons. With regard to the provisions of this section, the reference may be made to Article 20(3) of the Constitution of India which is a guarantee to the accused against self-incriminating testimonial compulsion. Though an accused cannot be compelled to produce any evidence against him, it can be seized under process of law from the custody or person of the accused by the issue of a search warrant.
Explanation:
Article 21 of Indian Constitution provides few sparkles of hope to the lives of arrested, undertrials and convicts. The treatment of such people has to be humane and in the manner prescribed by law. In Maneka Gandhi v. Union of India {AIR 1978 SC 597} the Supreme Court held that State and for that matter the police as its principal law enforcing agency have the undoubted duty to bring offenders to book. Even so, the law and procedure adopted by the State for achieving this laudable social objective have to conform to civilized standards. The procedure adopted by the State must, therefore, be just, fair and reasonable.
I have been asked this question many times, “Why do criminals need rights when they have criminally violated rights of others?” Well, criminal jurisprudence is based on studies on criminals’ behaviour, impact of crimes on victims, criminals and society etc.
The primary purposes of criminal law are Deterrence, Retribution and Protection. Reformation & Rehabilitation are the silent purposes to improve the hues of society. “Once Criminal, Always Criminal” can’t sustain the test of reasonableness, wisdom and conscience. All crimes are not same and so aren’t criminals. Gravity, nature and involvement define which yardstick of jurisprudential law is to be applied. However, application of yardstick is based on discretion to be exercised within the limit of State law.