Rights of the Arrested Person under BNSS 2023

The Bharatiya Nyaya Sanhita, 2023, outlines comprehensive rights for individuals who are arrested. These rights include the obligation of police officers to inform the arrested person of the reasons for their arrest, the right to legal representation, the right to be produced before a magistrate within 24 hours, and protections against inhumane treatment. This guide provides a detailed breakdown of these rights, ensuring that every individual is aware of the legal protections available to them under Indian law.

Understanding the legal protections under the Bharatiya Nyaya Sanhita, 2023

1. Right to Know the Grounds of Arrest (Section 50)

Section 50(1): As soon as a person is arrested, the police officer making the arrest is legally obligated to inform the person of the reasons for their arrest. This information must be communicated clearly and in a language that the arrested person understands.

This right ensures that the person is not kept in the dark about why they are being deprived of their liberty, which is fundamental to challenging the legality of the arrest.

2. Right to Bail for Bailable Offenses (Section 50A)

Section 50A(1): If the offense for which the person is arrested is bailable, the police officer must inform the arrested person that they have the right to be released on bail. The officer must also inform them that they can arrange for sureties (people who pledge to ensure the arrested person’s appearance in court).

This right is crucial because it allows the person to secure their release and avoid unnecessary detention.

3. Right to Be Produced Before a Magistrate (Section 57)

Section 57: The police must produce the arrested person before a magistrate within 24 hours of the arrest, excluding the time necessary for the journey to the court. This provision is a safeguard against illegal detention.

The magistrate will then review the legality of the arrest and decide whether to remand the person in custody, release them on bail, or discharge them.

4. Right to Silence (Implied from Constitutional Provisions)

While the BNSS does not explicitly state the right to silence, it is implied from the protection against self-incrimination provided under Article 20(3) of the Constitution of India. This right ensures that an arrested person is not forced to answer questions or provide information that could incriminate them.

The police are required to inform the person of their right to remain silent, particularly during custodial interrogation.

5. Right to Legal Representation (Section 41D)

Section 41D: An arrested person has the right to consult with a legal practitioner of their choice during interrogation and throughout the detention period. This right ensures that the arrested person can obtain legal advice and be represented in court.

If the arrested person cannot afford a lawyer, they are entitled to free legal aid provided by the state.

6. Right Against Inhumane Treatment (Section 54)

Section 54: The arrested person has the right to a medical examination if they allege that they have been subjected to torture or inhumane treatment by the police. The medical examination must be conducted by a registered medical practitioner, and the report must be submitted to the magistrate.

This provision ensures that the physical integrity of the arrested person is protected, and any allegations of police misconduct are investigated.

7. Right to Communicate with a Friend or Relative (Section 50A)

Section 50A(2): The police officer making the arrest must inform the arrested person of their right to have a friend, relative, or any other person informed about their arrest and the place where they are being held.

This communication must be made as soon as possible, ensuring that the arrested person is not held in isolation and that someone is aware of their detention.

8. Right to be Informed of Rights (Section 50A)

Section 50A: The arrested person must be informed of their rights, including the right to bail and the right to legal representation. This ensures that the arrested person is fully aware of the protections available to them under the law.

The police must provide this information in a manner that the arrested person can understand, considering language barriers and literacy levels.

9. Right Against Arbitrary Arrest and Detention (Section 41B)

Section 41B: The police officer must follow the guidelines prescribed for arrests, including identifying themselves as police officers, showing their badge, and providing the reason for the arrest. Failure to follow these procedures can render the arrest illegal.

This section aims to prevent arbitrary arrests and ensure that due process is followed in every case.

10. Right to a Fair Trial (Constitutional and Legal Framework)

While the right to a fair trial is not explicitly detailed in the BNSS, it is a fundamental right guaranteed by the Constitution of India. Every arrested person has the right to be tried in a fair and public hearing by an independent and impartial tribunal.

The procedures laid down in the BNSS and the Criminal Procedure Code ensure that the accused is given a fair opportunity to defend themselves, with legal representation, and the chance to challenge the evidence presented against them.

11. Right Against Self-Incrimination (Constitutional Provision)

Under Article 20(3) of the Constitution of India, no person accused of any offense shall be compelled to be a witness against themselves. This right is closely related to the right to silence and is a protection against forced confessions or self-incriminating statements.

The police must respect this right during the arrest and interrogation process, ensuring that any evidence obtained is gathered lawfully.

12. Right to Dignity and Humane Treatment (Section 46)

Section 46: The arresting officer must respect the dignity of the person being arrested. This includes avoiding unnecessary force, intimidation, or humiliation. The use of physical force is permitted only when absolutely necessary, and even then, it must be proportionate to the situation.

Women and vulnerable persons must be treated with special care, and their dignity must be preserved at all times during the arrest and detention process.