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    Adv. Dede Arvind Rights of Accused

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    Tanvi Dange
    The document outlines 30 basic rights of an accused person in a criminal trial in India, as provided by the Constitution and Criminal Procedure Code. These include the rights to protection against arbitrary arrest and searches, double jeopardy, ex post facto laws, the right to bail and a speedy trial, the right against self-incrimination, the right to consult a lawyer and produce a defense, the right to appeal a conviction, and other due process protections.

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    © All Rights Reserved
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    Adv. Dede Arvind Rights of Accused

    Uploaded by

    Tanvi Dange
    58 views3 pages
    The document outlines 30 basic rights of an accused person in a criminal trial in India, as provided by the Constitution and Criminal Procedure Code. These include the rights to protection against arbitrary arrest and searches, double jeopardy, ex post facto laws, the right to bail and a speedy trial, the right against self-incrimination, the right to consult a lawyer and produce a defense, the right to appeal a conviction, and other due process protections.

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    Adv. Dede Arvind Rights of Accused

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    The document outlines 30 basic rights of an accused person in a criminal trial in India, as provided by the Constitution and Criminal Procedure Code. These include the rights to protection against arbitrary arrest and searches, double jeopardy, ex post facto laws, the right to bail and a speedy trial, the right against self-incrimination, the right to consult a lawyer and produce a defense, the right to appeal a conviction, and other due process protections.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    58 views3 pages

    Adv. Dede Arvind Rights of Accused

    Uploaded by

    Tanvi Dange
    The document outlines 30 basic rights of an accused person in a criminal trial in India, as provided by the Constitution and Criminal Procedure Code. These include the rights to protection against arbitrary arrest and searches, double jeopardy, ex post facto laws, the right to bail and a speedy trial, the right against self-incrimination, the right to consult a lawyer and produce a defense, the right to appeal a conviction, and other due process protections.

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    Adv.

    Arvind Dede
    Mob. 9028884985
    B.S.L., L.L.B., L.L.M. (SET)

    Basic Rights of an accused person in a Criminal trial

    1. Protection against arbitrary Art. 22 of the constitution


    or unlawful arrest & Sec 41, 41-A, 55 & 151
    of Cr. P.C.
    2. Protection against arbitrary Sec 93, 94, 95, 97, 100
    or unlawful searches (4) to (8) & 165 of Cr. P.C.
    3. Protection against Double Art 20(2) of the
    Jeopardy constitution & Sec 300 of
    Cr. P.C.
    4. Protection against conviction Art 20(1) of the
    or enhanced punishment constitution.
    under ex-post facto law.
    5. Protection against arbitrary Art 22 of the constitution
    arrest or illegal detention in & Sec 56, 57 & 76 of Cr.
    custody P.C.
    6. Right to be informed of the Art 22(1) of constitution
    grounds immediately after & Sec 50 of Cr.P.C. & Sec
    the arrest. 55 & 75 of Cr.P.C.
    7. Right of the arrested person Sec 49 of Cr. P.C.
    not to be subjected to
    unnecessary restraint
    8. Right to consult a lawyer of Art 22(1), 303 Cr.P.C.
    his own choice
    9. Right to be produced before a Art 22(1) of the Court Sec
    magistrate within 24 hours 57 & 76 of Cr.P.C.
    of his arrest
    10. Right to be released on bail if Sec – 436, 437 & 439 of
    arrested Cr. P.C. & Sec 167 of Cr.
    P.C.
    11. Right not to be witness Art 20(3) of the
    against himself constitution & Sec 161 (2)
    Cr. P.C.
    Adv. Arvind Dede
    Mob. 9028884985
    B.S.L., L.L.B., L.L.M. (SET)

    12. Right to get copies of the Sec 173(7), 207, 208 &
    documents are statements of 238 of Cr. P.C.
    witness on which the
    prosecution relies
    13. Right to have the benefit of Sec 101 to 104 of
    the presumption of evidence Act.
    innocence till guilt is proven
    beyond reasonable doubt
    14. Right to insist that evidence Sec 273 of Cr. P.C. also
    to be recorded in his Sec 317 of Cr. P.C.
    presence except in some
    special circumstances
    15. Right to have the due notice Sec. 218, 228 (2), 240(2)
    of the charge of Cr. P.C.
    16. Right to test evidence by Sec. 138 of evidence Act.
    cross examination.
    17. Right to have an opportunity Sec. 313 of Cr. P.C.
    for explaining circumstances
    appearing in evidence
    against him at the trial .
    18. Right to have himself Sec. 54 & 55(A) of Cr. P.C.
    medically examined for
    evidence to disprove the
    commission of offence by
    him or for establishing
    commission of offence
    against his body by any
    other person.
    19. Right to produce defence Sec. 233, 243 of Cr. P.C.
    witness
    20. Right to be tried by an Sec 479, 327, 191 of Cr.
    independent and impartial P.C.
    judge
    Adv. Arvind Dede
    Mob. 9028884985
    B.S.L., L.L.B., L.L.M. (SET)

    21. Right to submit written Sec. 314 of Cr. P.C.


    arguments at conclusion of
    the trial in addition to oral
    submission
    22. Right to be heard about the Sec. 235 (2), 248(2) of Cr.
    sentence upon conviction. P.C.
    23. Right to fair and speedy Sec. 309 of Cr. P.C.
    investigation and trial
    24. Right to appeal in case of Sec. 351, 374, 379, 380 of
    conviction Cr. P.C.
    25. Right not to be imprisoned Sec. 360 of Cr. P.C. , Sec 6
    upon conviction in certain of probation of offenders
    circumstances . Act.
    26. Right to get copy of the Sec. 363 of Cr. P.C.
    judgment when sentenced to
    imprisonment .
    27. Right to file appeal against Sec. 372, 373, 374 of Cr.
    the order of conviction. P.C.
    28. Right to release of appellant Sec. 389 of Cr. P.C.
    on bail pending appeal on
    conviction
    29. Right to be released on Sec. 360 of Cr. P.C.
    probation of good conduct or
    after admonition .
    30. Right to be released on Sec. 5(A) & 5(B) of the
    parole or furlough prisons Act 1894.

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