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Article
21 of the Constitution provides that no person
shall be deprived of his life or personal liberty except
according to procedure established by law. Every person
has the right to live with human dignity which include
guarantee against torture and assault.
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Article
20(3) of the Indian Constitution gives the individual
protection against self incrimination.
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Right
to be informed of the grounds of arrest (Section 50, Section
55 and Section 75 of the Cr.P.C. & Supreme Court Judgement
in Writ Petition (Crl) No. 539 of 1986 D.K. Basu Vs State
of West Bengal.)
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Right
not to be subjected to unnecessary restraint (Section
49 of Cr.P.C.).
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Right
against arbitrary or illegal detention in custody (Section
56, Section 57 and Section 76 of Cr.P.C.).
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Right
to be released on bail if arrested (Section 436, Section
43, Section 50(2) and Section 167 of Cr.P.C.).
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Right
to obtain receipt when property is seized (Section 100(6)
and Section(7) of the Cr.P.C.).
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Right
not to be detained for more than 24 hrs after arrest without
judicial scrutiny (Section 57 of Cr.P.C.).
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Right
to medical examination at his behest to disprove the commission
of an offence by him or to establish commission of an
offence against his body by others (Section 54 of the
Cr.P.C.).
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Right
to a fair and speedy investigation (Section 309 CRPC).
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Right
to legal aid at the expense of the State in certain cases
(Section 304 of the Code).
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Any person
when arrested has the right to inform his friend/relative
of his arrest or detention (Supreme Court Judgement in
Writ Petition (Crl) No.539 of 1986 D.K. Basu Vs State
of West Bengal).
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Any person
arrested/detained without reasonable grounds has the right
to take shelter of the Court U/S 220 IPC.
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Nothing
is an offence which is done in the exercise of the right
of private defence (Section 96 of IPC).
