What You Should Not Do If Got Arrested ?
- lead India
- Mar 17, 2023
- 3 min read
A person may get arrested if he/she does something wrong. The arrest of a person has been provided under Chapter V, Section 41-60 of the Code of Criminal Procedure Code, 1973.
The reason behind arresting an alleged offender is to ensure that he/she would not tamper with the evidence and that he/she should be present at the trial for which he/she has been charged.
Procedure for arrest
Arrest could be made with or without warrant.
A person could be arrested anytime after the issuance of a warrant.
In case the arrest is resisted, the wrongdoer could also be charged with a misdemeanour amongst others.
As has been provided under Section 75 of the CrPC, an arrest warrant should be in writing, signed by the presiding officer and must have the seal of the court.
In case a person’s name has been mentioned in a FIR, then arrest should be made only after preliminary investigation by the police.
If an arrest could be made without an arrest warrant-
Provided under Section 41 of the CrPC, police could arrest a person without warrant as well, if the situation demands so.
If the police believe that urgent steps are required to be taken in order to prevent a person from destroying or tampering the evidence or seriously damaging a property or harming a person, they may make an arrest even without a warrant.
Rights of an arrested person-
A person getting arrested has certain rights provided under the Constitution of India.
The right to inform his/her family members or friends of the arrest as provided under Section 50 of the IPC.
The arrested person must not be detained for a period of more than 24 hours without having him presented before the Magistrate so as to prevent unlawful arrests.
The arrested person has the right to medically examined
The arrested person has the right to remain silent, i.e.after arrest has been made, the arrested person is not required to speak or confess in front of the police.
Would have the right to a lawyer while being questioned. In case he/she could not afford a lawyer, one could be appointed to you by the government.
According to Section 50 of the CrPC and Article 22 of the Constitution of India, one has the right to be informed if he/she is being arrested for bailable or non-bailable offences.
A female must be detained by a female police officer only. This type of detention must only be made before sunset and after sunrise.
When should one seek a lawyer ?
If you are arrested for a crime, you must immediately contact a criminal lawyer in Gurgaon or the best criminal lawyer in Delhi, as he/she would have a better sense of what you should or should not say in the presence of the investigating authorities. Your lawyer could also advise you or your family or friends about the bail process.
Hence, it is advised to not take any action without having proper conversation with your lawyer. Thus, if you get stuck in a criminal situation of any nature, it is advised to immediately contact an experienced advocate immediately.
Conclusion
It can be concluded that a common man may not always be aware of his/her rights and thus, should seek guidance from top criminal lawyers in Ghaziabad or their own city, who could explain their rights.
Lead India offers you a team of experienced criminal lawyers who have successfully been dealing with cases related to criminal law and thus could provide you with much needed advice in the matters of an arrest. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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