#rightsofaccusedperson

Arrest Without A Warrant

To make an arrest the police need a warrant. A warrant is a written affidavit that allows the police to arrest the person named in it. A judge signs the warrant if the police provide sufficient grounds of suspicion.

#The World Health Organization estimates that India is the most depressed country in the world. Furthermore, 6.5% of the population suffers from some sort of serious mental disorder. There is a lot of social stigmas attached to depression in India. As a result, a lot of people who suffer from mental disorders refrain from getting help. The Mental Health Act in India empowers people suffering from mental disorders.

Health Policy In India (Mental)

The Mental Health Act in India 2017 has been in force since May 2018. The act provides mental healthcare and services for anyone with mental illness and protects, promotes and fulfils the rights of such people to get proper health care and services. This Act is the successor of the Mental Health Act, 1987. The new health policy India lists out a bunch of new mental health standards:

The Mental Health Act in India, 2017 decriminalizes the attempt to commit suicide. Subsequently, it makes sure that the affected person gets rehabilitation opportunities.

If the affected person has the required knowledge, the act allows him/her to make decisions regarding their mental health.

The Act bounds insurers to make provisions for medical insurance to treat mental illness the same as physical ailments. Furthermore, it keeps all the mental health patients at par to get healthcare and treatment from the government. Unlike the previous Mental Health Act 1987.

The Mental Health Act in India has provisions for the registration of mental health institutions and pushes for the regulation of this sector. The provisions ask for setting up mental health institutions across the country so that no patient has to travel far. Coupled with creating a mental health review board that acts as a regulatory body.

The Act restricts the use of Electroconvulsive Therapy (ECT). It is used along with anaesthesia and muscle relaxants in emergencies. Hence, ECT is not a viable therapy for minors.

The new Mental Health Policy India attempts to tackle the stigma of mental illness and has outlined measures on how to achieve the goal.

According to the outlined provisions, if an officer in charge of a police station finds a mentally ill person wandering, the person should be taken into protection and should be taken to the nearest health clinic.

Human Rights

A major highlight of the new Mental Health Act in India is its emphasis on Human Rights. The Act recognizes the Human Rights of people with mental illness and provides them with the following provisions:

Right to have a dignified life, protection from cruel treatment, self-hygiene, privacy, proper clothing, pay for work, living in community, adequate food, no tonsuring, no force of uniforms, emergency and ambulance services, mobile, e-facilities, and free legal services.

Insurance for mental disorders and treating the PMI according to International guidelines.

There are provisions for not separating a woman with her child below 3 years of age. The authority has to approve the separation in case of an emergency.

The constitution regards everyone as equals. Even arrested people should have certain rights that help them avoid exploitation. Police officers should treat them humanely. In this blog, we mention the legal rights of arrested person in India.

Arrest Without A Warrant

To make an arrest the police need a warrant. A warrant is a written affidavit that allows the police to arrest the person named in it.  A judge signs the warrant if the police provide sufficient grounds of suspicion.

In some cases, if the police suspect a person of committing a cognizable crime, they can arrest without warrant. If the accused challenges the warrant then police officers have to justify the evidence.

Right To Silence

According to the Right to silence, it is the choice of accused to stay quiet and not to say anything until their lawyer is consulted. This law protects the accused against incrimination before any conviction is imposed. It is the rights of arrested person under CRPC to speak about the charges imposed on them. No one can corrosively extract statements from the accused, who has the right to remain silent but only in the court. It is not clear if the arrested can exercise their right to silence during interrogation by police officers. Police officers use interrogation techniques like narco-analysis, brain mapping and lie detection which annul the legality of the Right to Silence. The Supreme Court in 2010 declared that these tests violate article 20(3). Article 20(3)  states that “no person accused of any offence shall be compelled to be a witness against himself.”

No Unnecessary Restraint

It is the right of an arrested person under CRPC that police should use no more restraint than is necessary to prevent escape. Restraint should not lead to death. Before keeping a person under any form of restraint there must be an arrest. Using restraints without an arrest is illegal.

No Detention For More Than 24 Hours

Police should bring the arrested person before the court within 24 hours of the arrest. Police officers cannot detain a person for more than 24 hours without a warrant. The time period should not exceed 24 hours excluding the time of the journey from the place of arrest to the courtroom. Police officers will be held guilty if there is a violation of this right.

Right To Free Legal Aid

It is the right of the accused to consult a counsel of their choice. The government provides them with free legal aid. Thus, every person has access to a counsel even if they cannot afford one, to ensure a fair trial.

Right To Medical Assistance

It is the rights of arrested person under CRPC to get medically examined so they can efficiently defend and protect themselves. Only a lady doctor can examine a female. It is the duty of the person having charge of the accused to take care of their health and safety.

Right to Bail

Offences are either bailable or non-bailable. If a person is arrested for a bailable offence, then they can ask for all the relevant details of the bail including the information about bail amount.

Freedom to Communicate With Magistrate

It is the rights of accused person to freely communicate with the judge and talk about the issues they are dealing inside the jail. If a police officer tortures an arrested person they can complain to the judge.