Rights of an Accused person in India

 Most Respectfully Submitted to:

Dr. Tavleen kaur

Submitted iBy:

Aakash iGupta(19LLB001)

Today, I'm going to talk about on the topic of "Rights of an Accused person in India," and share my thoughts on the subject. Even though India is a free country, I believe that its citizens still need to have a better understanding of the Rights of an Accused Person and why it is so important to the functioning and administration of the nation on a more organised and standardised level.

In accordance with the Constitution of India, an accused person may have the following rights:

In India, much like in every other country, a person who has been arrested is entitled to certain legal protections. In India, the rights of the accused are broken down into three distinct categories: rights before trial, rights during trial, and rights after trial. The accused have certain rights, including the right to a fair trial, the right to post bail, the right to hire a criminal lawyer, the right to receive free legal aid in India, and other rights.

“A person is presumed to be innocent until they can produce sufficient evidence to prove their guilt”.

The legal maxim reads out – "ei incumbit probatio qui dicit, non qui negat". This can be translated to mean that the person who makes the assertion has the burden of proof, not the person who denies it.

According to the constitution of India, a person who has been accused of a crime retains certain fundamental rights. Everyone has access to these protections, regardless of whether or not they have been accused of committing a crime.Therefore, there are certain rights afforded to persons accused of crimes so long as the crime has not been proven beyond a reasonable doubt.

These rights are extended to those who have been accused in India along the lines of the proverb, "Let hundreds go unpunished, but never punish an innocent person."

Are you curious about the rights that an accused person has in India?

To begin, the rights of accused parties at each stage of the process include the following:

• the rights of a person who has been arrested prior to the start of his or her trial,

• rights of accused individuals in India while they are being tried in court and

• the rights that are afforded to a person who has been arrested in India once their case has been resolved

• Rights of a Person Who Is Arrested in India

• The Right to Appeal: One of the rights that are afforded to people who have been arrested is the right to file an appeal against his conviction in a higher court.

• accused person has the right to have all of their human rights respected while they are incarcerated. This includes the right to humane treatment. Additionally, the administration of the prison should treat inmates with compassion.

• The Right to Visitation with Family While in Jail

• Against the practise of solitary confinement Rights of Accused Persons

• Pre Trial rights in India

A person who is accused of committing a crime has certain rights to ensure that their freedom and liberty are not infringed upon in any way.

The pre-trial stage is the initial phase of any legal proceeding.

In this case, a First Information Report (FIR) is filed, and based on that, the police arrest a person and search his property.

The time period just before the beginning of a court trial is one of the most important stages.

Therefore, the following accused rights need to be extended to everyone who is accused of committing a crime:

1. The right to information regarding the accusations and charges:

An individual who has been arrested has certain rights that are outlined in the Criminal Procedure Code (CrPC), which was enacted in 1973. One of these rights is the right to be informed of the nature of the offence and the charges that have been brought against them.

2. The right to be free from unlawful arrest:

In cases where a warrant is issued, only then do the rights of those who have been accused become available in India. It is required by both Section 57 of the Criminal Procedure Code and Article 22(2) of the Constitution that an accused person be brought before a Judicial Magistrate within twenty-four hours of his or her arrest.

3. The right to be secure in one's own home and to be protected from unwarranted searches:

On the basis of a mere suspicion that an offence was committed, law enforcement officers are not permitted to invade the private of the accused. It is against the law for the police in India to search the property of an accused person without first obtaining a search warrant.

4. the privilege against being forced to provide evidence against oneself.

In accordance with Article 20(3) of the Constitution of India, a person cannot be coerced into testifying against themselves in a legal proceeding.

5. The right to be free from double jeopardy:

According to paragraph two of Article 20 of the Constitution, a person may only be prosecuted and punished for a given offence a single number of times.

6. The Right to Defend Oneself Against Laws Passed After the Fact:

A person in India who has been accused of a crime is afforded certain rights, one of which is the authority not to be tried for an offence for which they were initially criminally liable but which is no longer a crime. This indicates that the law prohibiting the application of retroactive effects is not applicable. It is impossible to charge someone with committing an offence for something that, at the time it was done, was not regarded a criminal conduct.

7. The right to bail as a safeguard for accused persons in India:

An accused person has the legal right to make a bail application, which paves the way for them to be released from jail custody. In accordance with Indian law, there are three distinct types of bail: anticipatory bail, interim bail, and bail by bond. Only in the case of crimes that can be released on bail, can a bail petition be submitted for normal bail. However, an individual may also submit an anticipatory bail application through the representation of his criminal attorney prior to his arrest.

9. The right to a speedy and cost-free trial:

An accused person in India has the right to a fair trial in India, as well as the right to a speedy trial that is devoid of any bias or prejudice, and these rights are guaranteed to them.

The Rights of the Accused During the Prosecution

Accused people in India are afforded a great deal of legal protection while their cases are being heard in the country's courts. It has been remarked that it is the responsibility of the state to guarantee that the law is obeyed in accordance with its proper procedure.

The accused has a trial that is speedy and fair, and the accused is not subjected to torture or coerced to incriminate himself in the crime.

The following is a list of rights that an accused person has throughout their trial:

1. The Right to Appear in Person at a Criminal or Civil Trial:

According to the provisions of Section 273 of the Code, the accused person or his criminal attorney must be present in order for any evidence or remarks to be recorded.

2. The Right to Acquire Copies of Documents :

In legal proceedings, it is the responsibility of the prosecutor to provide accused individuals with copies of all the documents that have been filed in connection with the case.

3. The privilege of being presumed innocent unless proved guilty:

Before the accused's guilt may be established in court on the basis of evidence and the testimonies of witnesses, the accused has the legal right to be presumed innocent.

4. The right to be present during the proceeding:

The accused person has the right to be present during the proceedings of the trial, as well as the right to have testimony presented to them directly.

5. The right to be subjected to rebuttal testimony:

When someone is accused of a crime, they have the legal right to demand that the prosecutor question them under oath so that they can prove their innocence.

The Rights of the Accused Person After the Trial

An accused person also retains certain rights after the conclusion of their trial. These rights of the accused are going to be determined by how his trial turns out. This means whether the court found him not guilty and the police arrested him, or whether the court found him guilty and the police released him.

In the event that they are exonerated, the rights of the accused.

When a person is found not guilty by a court and acquitted, the court bestows upon that individual the rights listed below:

1. Accused individuals have the right to obtain a copy of the final judgment.

2. The right to be protected by the police in the event that there are grounds to believe that the defendant's life is in danger following his acquittal.

I really hope that the information that was provided for you was helpful.

Aakash Gupta

19llb001

I really appreciate it.