In India, every accused person is presumed innocent until proven guilty. The Constitution of India and criminal procedural laws ensure that no individual is deprived of liberty without due process of law.
Understanding the rights of an accused is essential to protect personal liberty and prevent misuse of state power.
Every accused person is entitled to equal protection of the law without discrimination based on religion, caste, gender or social status.
A person arrested must be informed about the grounds of arrest and the allegations against them. This ensures transparency and protects individuals from arbitrary detention.
An accused person has the right to consult and be defended by a lawyer of their choice. If the accused cannot afford legal representation, free legal aid may be provided.
No person accused of an offence can be compelled to testify against themselves. This constitutional safeguard prevents forced confessions.
In bailable offences, bail is a statutory right. In non-bailable offences, courts consider factors such as the seriousness of the offence and the possibility of tampering with evidence.
The right to life and personal liberty includes the right to a fair and speedy trial. Unreasonable delays in criminal trials may violate constitutional protections.
No person can be prosecuted and punished for the same offence more than once. This protection prevents repeated prosecution for the same alleged act.
Police must follow lawful procedures while making arrests. An accused must generally be produced before a Magistrate within 24 hours of arrest.
The constitutional rights of an accused ensure fairness and balance in the criminal justice system. Awareness of these safeguards helps individuals protect their liberty and ensures accountability in law enforcement.
Nikhil Chugh is an Indian advocate, legal educator and author based in Panipat, Haryana, and a member of the Supreme Court Bar Association.
Read full profile: Nikhil Chugh – Advocate
You may also read: FIR Under BNSS 2023 – Complete Legal Guide.
If you require legal assistance regarding criminal proceedings, bail matters or constitutional rights, seek professional legal consultation.
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