An Overview on the Rights of Arrested Persons under Indian Law

  • Vasundra V. and Dr. Hina Kausar
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  • Vasundra V.

    LL.M. student at School of Legal Studies, REVA University, India

  • Dr. Hina Kausar

    Assistant Professor at School of Legal Studies, REVA University, India

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Human rights and violation to it as the never-ending problem in a society like India, where everything is diverse in culture and more traditional. Since the time, the society started evolving, the need human rights have also started evolving. Still, being in the country where there is a Case and Religion system, patriarchal mindset and lack of education, most of the people does not even know their basic human rights. This leads to the question of awareness in them about the rights of begging an arrested person. Though all the person arrested are not a actual accused, they are mostly targeted from the rural areas, uneducated, minority communities, marginalized communities, women, and etc. This is because, the Indian society still sticks back into the certain behaviours as the culture in which even the violation of human rights has changed into a culture. To prevent the rights from any kind of violation, we must know the rights first apart from being a Peron who is in conflict with law or not. Thus, the study on the rights of arrested person in India is an indispensable one for promoting a fair justice, protecting the human dignity and ensuring the effective functioning of the Indian criminal justice system. This paper provides a detailed study on the rights of arrested persons in India, by examining the legal protections given by The Indian Constitution, The statutory provisions and the judicial interpretations. The study, by scrutinizing the landmark judgments, relevant case laws and provisions, it focuses on each right of an arrested person separately in detail under an umbrella of rights before trial and rights at the time of trial. The paper concludes with analysing the effectiveness in implementing the rights and related laws of arrested person in India, today, and with the need to uphold the human dignity within the criminal justice system.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1997 - 2031


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