WHAT IS THE RIGHTS OF THE ACCUSED IN OUR CONSITITIOTION OF INDIA?

The Constitution of India ensures several rights to the accused to uphold the principles of justice, fairness, and equality. These rights are essential to protect individuals from misuse of power and ensure a fair trial. Here are the key rights of the accused as enshrined in the Indian Constitution and other legal provisions:

Constitutional Rights

1. Right to Equality (Article 14)
   • Ensures equality before the law and equal protection of the laws.
   • The accused cannot be discriminated against arbitrarily by the state or judiciary.
2. Protection Against Arbitrary Arrest (Article 22)
   • Provides protection in cases of preventive detention and arrest.
   • An arrested person must be informed of the reasons for arrest.
   • The accused has the right to consult and be defended by a legal practitioner of their choice.
   • Preventive detention cannot exceed three months without approval from an advisory board.
3. Right Against Self-Incrimination (Article 20(3))
   • No person accused of an offense shall be compelled to be a witness against themselves.
4. Protection Against Double Jeopardy (Article 20(2))
   • No person shall be prosecuted and punished for the same offense more than once.
5. Protection Against Ex Post Facto Laws (Article 20(1))
   • No person shall be convicted for an act that was not a criminal offense when it was committed.
6. Right to Life and Personal Liberty (Article 21)
   • Ensures the accused has a right to a fair trial, legal aid, and a speedy trial.
   • Protects against torture or cruel and inhuman treatment.

Other Legal Protections

1. Right to be Presumed Innocent
   • The accused is presumed innocent until proven guilty beyond a reasonable doubt.
2. Right to be Informed of Charges
   • Under Section 50 of the Code of Criminal Procedure (CrPC), the accused must be informed of the charges against them at the time of arrest.
3. Right to Bail
   • In bailable offenses, the accused has a right to bail as per the CrPC.
4. Right to Legal Aid
   • The Legal Services Authorities Act, 1987, ensures free legal aid for those unable to afford legal representation.
5. Right to a Fair and Speedy Trial
   • The judiciary is obligated to ensure that trials are conducted impartially and without undue delay.
6. Right Against Illegal Detention
   • The accused can seek relief through a writ of habeas corpus if unlawfully detained.
7. Right to Cross-Examine Witnesses
   • The accused has the right to confront and cross-examine witnesses presented against them.
8. Right Against Torture and Inhuman Treatment
   • Custodial torture or inhumane treatment is prohibited under various judicial pronouncements and international conventions.
9. Right to Privacy
   • The accused’s personal information and dignity must be respected during the investigation and trial process.

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