The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, as well as the Indian Constitution, provide a strong framework for protecting the rights of those arrested in India. The BNSS, which superseded the Criminal Procedure Code (CrPC) in 1973, establishes procedural safeguards, whereas the Constitution guarantees fundamental rights to ensure fairness, openness, and accountability in the criminal judicial system. The following is a complete overview of an arrested person’s rights under certain legal systems.
1. The right to know why someone was arrested
BNSS Provision: Section 47 of the BNSS requires every police officer or person detaining someone without a warrant to immediately tell the apprehended person of the entire details of the offence or the reason for their detention. This ensures transparency and allows the arrested person to understand the basis for their imprisonment.
Constitutional Guarantee: Article 22(1) of India’s Constitution supports this right by providing that no individual who is arrested should be kept in prison without first being informed of the basis for the arrest. This clause is crucial for preventing arbitrary arrests and allowing the accused individual to prepare a defence.
2. Right to Legal Representation
Article 22(1) of the Constitution guarantees that no arrested individual would be denied the opportunity to speak with and be represented by a lawyer of their choosing. This right is essential for a fair trial and protects against coercion or unfair treatment.
Section 341 of the BNSS strengthens this right by guaranteeing that persons who cannot afford legal representation receive free legal aid. This supports the notion of equal access to justice.
Constitutional Directive: Article 39-A of the Constitution requires the state to offer free legal aid to guarantee that opportunities for justice are not denied owing to economic or other barriers. This provision demonstrates India’s commitment to an inclusive justice system.
3. The privilege of appearing before a magistrate
According to Section 58 of the BNSS, an individual who has been arrested is required to appear before a magistrate within twenty-four hours following their arrest. This requirement does not include the time needed to travel from the place of arrest to the magistrate’s court.This safeguard prohibits extended imprisonment without judicial monitoring.
Constitutional Guarantee: Every person detained and arrested under Article 22(2) of the Constitution must appear before the closest magistrate within 24 hours after their detention, excluding travel time. This article requires that an impartial judicial authority assess the legitimacy of the arrest and imprisonment.
Exceptions: According to Article 22(3), these guarantees do not apply to enemy aliens or those arrested under preventive detention legislation, which have special procedural requirements.
4. Right Against Self-Incrimination
Constitutional Guarantee: Article 20(3) of the Constitution prevents an arrested person from being forced to testify against themself. This means that no one can be coerced into providing evidence or admissions that could indict them.
Significance: This right preserves the idea that an accused person is presumed innocent unless proven guilty and protects against coercive interrogation techniques. It ensures that any evidence presented in court is gathered voluntarily and ethically.
5. Right to Bail
BNSS Provision: Section 47 of the BNSS states that for offences that are not non-bailable, the police officer must tell the arrested individual of their right to bail and allow them to arrange for sureties. This provision upholds the concept that bail is a right, not a privilege, for less serious charges.
Judicial interpretation: Indian courts have repeatedly ruled that bail should be granted unless there are strong reasons to refuse it, especially for bailable offences. This aligns with Article 21’s fundamental safeguard of individual liberty.
6. The right to tell a friend or relative
Inferred Right: Although not officially stated in the BNSS, the right to tell a relative or friend of one’s arrest is common practice and is inferred by Article 21 of the Constitution, which guarantees the right to life and liberty. This privilege ensures that the arrested individual is not isolated and can seek assistance from their network.
7. Right to Free Legal Aid
Constitutional Directive: Article 39-A of the Constitution requires the state to offer free legal assistance so that no citizen is denied access to justice owing to financial constraints. This is especially important for those who have been arrested and may not be able to afford to pay an attorney.
BNSS Provision: Section 341 of the BNSS puts this right into practice by guaranteeing that those who cannot afford legal representation receive free legal help. This provision is critical for marginalised and economically disadvantaged people.
Additional Constitutional Protections
Protection from Double Jeopardy: Arrested individuals are protected from being tried again for the same offence by Article 20(2) of the Constitution, which stipulates that no one may be prosecuted and punished for the same offence more than once.
Protection Against Ex Post Facto Laws: Article 20(1) forbids a person from being convicted for an act that was not an offence at the time it was committed, and no punishment greater than that prescribed at the time of the offence may be imposed.
Right to Life and Personal Liberty: Article 21 of the Constitution states that no person may be deprived of their life or personal liberty except in accordance with legal procedures. This fundamental right supports all protections for arrested people and assures that any restriction of liberty is legal and reasonable.
Significance of These Rights
The rights of an arrested person under the BNSS and the Indian Constitution represent the country’s dedication to human dignity, justice, and the rule of law. These safeguards ensure that:
People who have been arrested are not held arbitrarily or illegally.
They have access to legal assistance in navigating the criminal court system.
The principle that one is “innocent until proven guilty” is upheld.
The state strikes a balance between its responsibilities to maintain law and order and the protection of individual liberty.
India’s legal system works to establish a fair and just environment for everyone, even those who are accused of crimes, by combining the procedural protections included in the BNSS with the fundamental rights guaranteed by the Constitution.
