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RAMESH TEKWANI (TRADING BUSINESS)     01 May 2011

RIGHTS OF ACCUSED IN CRIMINAL CASE

 When a person is arrested in any criminal offence, does he have a right NOT to talk at all while in custody..??? (like in USA at the time of arrest, he is told that he has a right NOT to talk and he can consult a lawyer of his choice)- if yes, why is then prosecution allowed to keep him in police/judicial custody for 14 days?? Is is NOT the prosecution to prove that he is connected with the crime by providing evidence in the matter..?????

 

You might say that he is remanded to police/judicial custody so that he may not destroy evidence and/or influence witnesses. But we find in many cases that accused is arrested many days after the alleged crime is committed and in some cases, he is even called to policy station to give statement and also interrogated for many days (like in recent corruption cases of CWG and telecom). Do you think that accused is so foolish to do nothing for so many days before he is actually arrested??? If he was free for many days, how can he destroy evidence or influence witnesses after he is formally arrested/charged???



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 2 Replies


(Guest)
In india there are certain rights which are given to a detained person.i.e.,(i) the arrested person has right to know the cause of his arrest and police person is bound to disclose the ground of that arrest... (ii) it is the right of arrested person that he may contact his relatives, friends and lawyer etc and police should inform such persons about him... (iii) arrested person has right to medical examination in case of police violence...

Munirathnam (Scientist)     03 May 2011

Hi, Arrested person can seek explanation on why arrested person is need for police custody or judicial custody but it need to be pleaded in court because police wont reply to you. But your relatives may ask police through life and liberty provisionof Right To Information Act-2005. Then police are bound the answer your questions in details without fail else you may show this to court and say that police attitude is supectable hence arreted person should be released on bail without any condition. Make sure that you lawyer prepares good bail petition to avoid police custody or judicial custody.

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