The principal legal rights of a person arrested by the police are as follows:
1. Right to be Informed of the Grounds of Arrest : As per Section 50 of the Criminal Procedure Code (CrPC), an arrested person has the right to be informed of the reasons for their arrest and the charges, if any, against them, at the time of arrest.
2. Right to Legal Representation : Under Article 22 of the Constitution of India and Section 41-D of the CrPC, an arrested person has the right to consult a legal practitioner of their choice. In case the arrested person cannot afford a legal practitioner, the police are bound to inform them of their right to free legal aid.
3. Right to Remain Silent : As per Article 20(3) of the Constitution of India and Section 161(2) of the CrPC, an arrested individual has the right to remain silent and not to answer any questions that may incriminate them. No coerced confessions or statements may be taken from them.
4. Right to be Informed of Rights : It is obligatory for the police to inform the arrested person of their rights, including the right to consult a legal practitioner, the right to be produced before a Magistrate within 24 hours of arrest, and the right to seek bail (Section 50 of CrPC).
5. Protection from Torture and Cruelty : Under Section 330 and 331 of the Indian Penal Code (IPC) and Article 21 of the Constitution, the arrested person is entitled to be free from physical or mental torture, inhuman or degrading treatment, and must not be subjected to any form of torture during arrest, detention, or interrogation.
6. Right to be Produced Before a Magistrate : In accordance with Section 57 of the CrPC, every person arrested shall be produced before a Magistrate within 24 hours of their arrest, excluding the time required for travel, for the purpose of judicial scrutiny of the detention.
These rights are enshrined to ensure the protection of the arrested person's fundamental freedoms and ensure compliance with due process of law.
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