Introduction
The Constitution of India gives strong safeguards to every arrested person to protect their liberty and dignity. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 continues these protections and adds clearer procedures for arrest, information, medical examination, production before Magistrate, and legal aid. Together, they ensure that the power of arrest is used in a fair and lawful manner.
I. Rights under the Constitution of India
1. Right to be informed of grounds of arrest
Article 22(1) gives the right to be told the grounds of arrest as soon as possible.
2. Right to consult and be defended by a lawyer
Article 22(1) allows the arrested person to consult and be represented by an advocate of their choice.
3. Production before Magistrate within 24 hours
Article 22(2) requires that the arrested person must be produced before the nearest Magistrate within 24 hours, excluding travel time.
4. Protection against self-incrimination
Article 20(3) states that no person accused of an offence shall be forced to give evidence against themselves.
5. Right to life and personal liberty
Article 21 ensures that the procedure of arrest and detention must be fair, just, and reasonable.
II. Rights under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
1. Right regarding proper procedure of arrest
Section 36: A proper memorandum of arrest must be prepared and attested by at least one witness and countersigned by the arrested person.
Section 46: No unnecessary restraint; minimum force only.
2. Right to know grounds of arrest and right to bail
Section 47: Police must inform the arrested person of grounds of arrest and also of their right to bail (if the offence is bailable).
3. Right to have a relative or friend informed
Section 48: Police must inform a relative, friend, or nominated person about the arrest and the place where the arrested person is kept.
4. Right to meet an advocate during interrogation
Section 38: The arrested person may meet an advocate of their choice during interrogation (though not throughout the whole period).
5. Right to medical examination
Section 51: Arrested person may be examined by a medical practitioner at the request of the police.
Section 53: Mandatory medical examination by a government medical officer, especially for female accused by a female medical officer.
6. Right to be produced before Magistrate
Section 57: Police must take the arrested person before a Magistrate or officer-in-charge without delay.
Section 58: Detention beyond 24 hours is not permitted unless authorised by a Magistrate.
7. Right to legal aid
Section 340: Accused has the right to be defended by a pleader of their choice.
Section 341: If the accused cannot afford a lawyer, the State must provide free legal aid.
Conclusion
The Constitution gives the foundational protections for personal liberty, while the BNSS, 2023 provides detailed procedures to enforce these rights. Together, they ensure that arrests are lawful, transparent, and subject to judicial control. These safeguards prevent misuse of power and protect the dignity of every person in the criminal justice system.