Arrest Part-2

- Rights at Trial

i. Right To A Fair Trial:

The Code of Criminal Procedure also provides that for a trial to be fair, it must be an open court trial. This provision is designed to ensure that convictions are not obtained in secret. In some exceptional cases, the trial may be held on camera. Every accused is entitled to be informed by the court before taking the evidence that he is entitled to have his case tried by another court and if the accused subsequently moves such application for transfer of his case to another court the same must be transferred. However, the accused has no right to select or determine by which other court the case is to be tried.

- Right to a Speedy Trial:

The Constitution provides an accused the right to a speedy trial. Although this right is not explicitly stated in the constitution, it has been interpreted by the Hon'ble Supreme Court. 

In all summons trials (cases where the maximum punishment is of two years imprisonment) once the accused has been arrested, the investigation for the trial must be completed within six months or stopped on an order of the Magistrate, unless the Magistrate receives and accepts, with his/her reasons in writing, that there is cause to extend the investigation.

- Right to Consult a Legal Practitioner:

Article 22(1) of the Constitution provides that no person who is arrested shall be denied the right to consult a legal practitioner of his choice.  

- Rights of Free Legal Aid:

Supreme Court has held that the state is under a constitutional mandate (implicit in Article 21) to provide free legal aid to an indigent accused person, an and the constitutional obligation to provide free legal aid does not arise only when the trial commences but also attaches when the accused is for the first time produced before the magistrate, as also when remanded from time to time.

- Right of the Accused to Produce an Evidence:

A person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him/her of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

- Right of the Accused to Produce an Evidence:

The accused even has the right to produce witnesses in his defence in case of the police report or private defence. After the examination and cross-examination of all prosecution witness.

Guidelines on Arrest of Women

According to the National Human Rights Commission guidelines on arrest, as far as practicable, women police officers should be associated where women are arrested. That too, arrest of women between sunset or sunrise should be avoided.

When it is necessary to cause a female to be searched, the search shall be by another female with strict regard to decency. Body searches of females should only be carried out by a woman and with strict regard to decency.

The duty of the police officer making the arrest to see that arrested female is segregated from men and kept in a female lock-up in the police station. In case there is no separate lock-up, the accused woman should be kept in a separate room. 

Women should not be called to the police station or to any place other than their place of residence for questioning in as much as it says that no male person under the age of fifteen or woman shall be required to attend at any place other than the place in which such male person or woman resides.

Women should be guarded by female constables/police officers. They must be questioned in the presence of policewomen.

All necessary pre-natal and post-natal care should be provided to females who are arrested. Restraints should only be used on pregnant women as a last resort. Their safety or the safety of their foetus should never be put at risk. Women must never be restrained during labour.

Basic Standards for Law Enforcement Officials Proposed by Amnesty International, Medical examination of women should be carried only under the supervision of female medical practitioners.