Difference between revisions of "India Criminal Defense Manual - Rights of the Accused and Exceptional Circumstances"

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An arrest must always be based on probable cause.  Probable cause to arrest exists when, at the time of the arrest, the officer is relying on reasonably trustworthy facts and circumstances sufficient to lead a reasonably prudent person to believe that the accused has committed or is committing a crime. An officer need not obtain an arrest warrant for an accused except in non- cognizable offences, however, he must receive an arrest warrant provided that the accused provides his name and address. In non-cognizable cases in order to enter an accused's home to arrest the accused, police must generally have a warrant. Upon entry, the officer may search for the person  
 
An arrest must always be based on probable cause.  Probable cause to arrest exists when, at the time of the arrest, the officer is relying on reasonably trustworthy facts and circumstances sufficient to lead a reasonably prudent person to believe that the accused has committed or is committing a crime. An officer need not obtain an arrest warrant for an accused except in non- cognizable offences, however, he must receive an arrest warrant provided that the accused provides his name and address. In non-cognizable cases in order to enter an accused's home to arrest the accused, police must generally have a warrant. Upon entry, the officer may search for the person  
to be arrested, but no provision is made for a general search of the premises for evidence.<ref>7Section 47 of the Criminal Procedure Code</ref>
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to be arrested, but no provision is made for a general search of the premises for evidence.<ref>Section 47 of the Criminal Procedure Code</ref>
  
 
===Search of place entered by person sought to be arrested===
 
===Search of place entered by person sought to be arrested===
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In India, persons accused of committing a crime have a series of rights, some of which are guaranteed by the Indian Constitution and others the result of case law or statutes. When the accused is arrested in warrant cases the Magistrate may notify the accused of his right to bail and prescribe the amount of bail bond on the warrant, at which point the arresting officer will release the accused on execution of bail bond. Likewise, in the cases of bailable offences<ref>Section 50 of the Criminal Procedure Code</ref> any officer arresting a suspect without a warrant is obligated to tell them of their right to bail upon arrest.  The accused should be advised that he has a right to a legal aid lawyer and that one will be appointed if he cannot afford to pay for the legal services.  The arresting officer must, without delay, bring the detained person to the officer-in-charge for all arrests without warrant and the officer-in-charge must report all arrests to the  
 
In India, persons accused of committing a crime have a series of rights, some of which are guaranteed by the Indian Constitution and others the result of case law or statutes. When the accused is arrested in warrant cases the Magistrate may notify the accused of his right to bail and prescribe the amount of bail bond on the warrant, at which point the arresting officer will release the accused on execution of bail bond. Likewise, in the cases of bailable offences<ref>Section 50 of the Criminal Procedure Code</ref> any officer arresting a suspect without a warrant is obligated to tell them of their right to bail upon arrest.  The accused should be advised that he has a right to a legal aid lawyer and that one will be appointed if he cannot afford to pay for the legal services.  The arresting officer must, without delay, bring the detained person to the officer-in-charge for all arrests without warrant and the officer-in-charge must report all arrests to the  
concerned Magistrate.<ref>
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concerned Magistrate.
 
The accused has the right to have a person of his choosing be informed of  
 
The accused has the right to have a person of his choosing be informed of  
 
his arrest and for that person to be told where the accused is being detained.  
 
his arrest and for that person to be told where the accused is being detained.  

Revision as of 11:01, 9 June 2010