Q. Consider the following rights:
1. The Right to be informed about the grounds of arrest.
2. The Right to remain silent during the process of interrogation.
3. The Right to be presented before a magistrate.
4. The Right to use confessions made in police custody as evidence for legal release.
How many of the above given rights are guaranteed to an Indian citizen who is being arrested for an offence?
Exp) Option c is the correct answer.
Statement 1 is correct. Article 22 (1) of the Indian Constitution and Section-50, of CrPc 1973 states that no person who is arrested shall be detained in custody without being informed of the offense committed by the person being arrested.
Statement 2 is correct. In The Case of Nandini Sathpathy V. P.L.Dani, SC stated an accused has the right to remain silent during the process of interrogation. It highlights Article-20(3) of the Indian Constitution, which says that no person accused of any offense shall be compelled to be a witness against himself i.e., the principle of SelfIncrimination. That means the accused has a right to remain silent.
Statement 3 is correct. Article 22(2) of the Indian Constitution states that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate.
Statement 4 is incorrect. According to Section 26 of the Indian Evidence Act, any confession made by any person in the police custody cannot be used as evidence either against the accused or in favour of the accused for any legal release until and unless it has been proved in the immediate presence of a Magistrate as against or in favour of a person accused.
