Code of Criminal Procedure Explained

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

Fundamental Rights of Arrested Persons

Article 22(1)

1. An arrested person shall not be detained in custody
   • without being informed of grounds of arrest
2. An arrested person shall not be denied the right
   • to consult and to be defended by a legal practitioner of his choice

Article 22(2)

3. An arrested and detained person shall be produced
   • before the nearest magistrate within 24 hours of arrest
   • excluding journey time from place of arrest to court
4. No person shall be detained in custody
   • beyond the said period of 24 hours without authority of a magistrate

The Fundamental Right of Life and Personal Liberty

• Granted by Article 21 and Guaranteed by Article 32:

Article 21

• No person shall be deprived of his life or personal liberty
  • except according to procedure established by law

Legal Rights of Arrested Persons

1. Police personnel carrying out the arrest and handling interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations.
2. Police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest
   • Such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made.
   • It shall also be countersigned by the arrestee and shall contain the time and date of arrest.
3. A person who has been arrested or detained shall be entitled to have one friend or relative or other person known to him that he has been arrested and is being detained at the particular place.
4. The time, place of arrest and venue of custody of an arrestee must be notified by the police telegraphically within a period of 8 to 12 hours after the arrest.
5. The person arrested must be made aware of this right to have someone informed of his arrest as soon as he is put under arrest.
6. An entry must be made in the diary regarding the arrest which shall also disclose the name of the next friend who has been informed of the arrest and names and particulars of police officials in whose custody the arrestee is.
7. The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention.
8. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
9. A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be displayed on a conspicuous notice board.

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Section 41A — Notice of Appearance

[Inserted: Amendment Act 2008]

• Police officer shall issue a notice directing the person to appear before him
  • in cases where arrest is not required
• Where such a notice is issued
  • it shall be the duty of that person to comply with it
• Where such person fails to comply
  • police officer may arrest him

Section 41B — Procedure of Arrest

[Inserted: Amendment Act 2008]

• While making an arrest, a police officer shall
  • bear accurate and visible identification of his name
  • prepare a memo of arrest attested by a family member of arrested person or a respectable member of the locality where arrest is made and is counter-signed by the person arrested
  • inform the arrested person that he has a right to have a relative or a friend informed of his arrest

Section 41C — Control Room at Districts

[Inserted: Amendment Act 2008]

• State Govt shall establish a police control room
  • in every district and at state level
• Names and addresses of persons arrested
  • shall be displayed on a notice board kept outside the control room in every district
• Control room at the state level
  • shall maintain a database for information of general public on persons arrested and nature of offences

Section 41D — Right of Arrested Persons

• When a person is arrested and interrogated by police:
• he shall be entitled
  • to meet an advocate of his choice during interrogation
  • though not throughout interrogation

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