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

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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.
+
concerned Magistrate.<ref>Section 58 of the Criminal Procedure Code</ref>
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.
 
The opportunity to advise this person of the arrest should be afforded to
 
the accused upon arriving at the police station and shall be communicated
 
by the arresting officer to the person nominated by the accused.26
 
 
 
 
 
26
 
Section 50A of the Criminal Procedure Code
 
 
 
  
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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. The opportunity to advise this person of the arrest should be afforded to the accused upon arriving at the police station and shall be communicated by the arresting officer to the person nominated by the accused.<ref>Section 50A of the Criminal Procedure Code</ref>
  
  

Revision as of 11:03, 9 June 2010