What if a landed immigrant breaks the law in India ? plzz answer fast
Answers
Indian criminal law is applicable to both citizens of India and foreigners who commit crimes within the territory of India.
Under Indian law, you may be arrested in a variety of circumstances. The arrest and detention can be for committing offences under the Indian Penal Code and/or under various laws (for example, the Narcotic Drugs and Psychotropic Substances Act and the Foreign Exchange Management Act).
For offences committed under the Indian Penal Code, investigations will be conducted in accordance with India’s Code of Criminal Procedure, 1973. This is a comprehensive set of rules that defines the powers of the police and the judiciary and lays down the procedures to be followed in the conduct of an inquiry or trial. For offences committed under other legislation, investigations will be conducted in accordance with procedures outlined in this legislation, coupled with India’s Code of Criminal Procedure, 1973.
If your presence is necessary for an investigation, and if there is sufficient evidence suggesting that you may flee, hide or destroy evidence, you may be detained. Indian authorities may confiscate your travel documents, such as your passport, while the investigation is ongoing, until charges are withdrawn or you complete your sentence.
The arrested person has certain rights upon arrest:
The police officer making the arrest must communicate the full particulars of the offence for which the arrest is being made.
If arrested for a bailable offence, it is the duty of the arresting officer to inform the arrested person that he or she has a right to be released on bail and to arrange sureties for him- or herself.
The police have the duty to inform at least one relative or friend of the arrested person that he or she has been arrested and where he/she is being kept in custody.
The arrested person has a right to be produced before a magistrate within 24 hours of being arrested.
The arrested person has a right to obtain legal aid. Arrested persons and parties to the litigation are expected to make their own arrangements as to legal representation and payment of fees of lawyers. Sometimes, the court may direct the State Legal Services Authority to provide representation for the arrested person.
The arrested person has a right to be represented by a lawyer in court.
The arrested person has a right to apply to the magistrate for bail if the offence is non-bailable.
The arrested person has a right to have a lawyer present during police interrogation.
In addition, there are rights provided specifically for the arrest of women:
Women cannot be arrested after sunset and before sunrise.
Only a female police officer can search a woman who is being arrested.
Any medical examination that is conducted must be done by a female medical practitioner, or under her supervision.
The arrested woman has a right to free legal aid.
The arrested woman has a right to be kept in a cell that is meant specifically for women only.