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2.3 LEGAL RIGHTS AVAILABLE TO PEOPLE
(A) CONSTITUTIONAL PROVISIONS
- No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
- No person shall be prosecuted and punished for the same offence more than once.
- No person accused of any offence shall be compelled to be a witness against himself.
- No person shall be deprived of his life or personal liberty except according to procedure established by law.
(B) LEGAL RIGHTS WITH REGARD TO ARREST
- The person arrested shall not be subjected to more restraint than is necessary to prevent escape.
- When any person is arrested and detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
- Every Police Officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested.
- No person who is arrested shall be detained in custody without being informed as soon as may be of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
- Where a Police Officer arrests without warrant any person other than a person accused of non-bailable offence, he shall inform the person arrested the he is entitled to be released on bail and that he may arrange for reties on his behalf.
- When a person who is arrested, alleges that the examination of his body will afford evidence which will disprove the commission by him of any offence, the Magistrate shall, if requested by the arrested person to do so, direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of causing delay or for defeating the ends of justice.
- The Police Officer shall bring the person arrested before the Court within 24 hours exclusive of the time necessary for the journey from the place of arrest to the court.
(C) LEGAL RIGHTS WITH REGARD TO SEARCH AND SEIZURE
- In case after searching an arrested person, any article is seized from him, a receipt showing the articles taken in possession by the Police Officer shall be given to such person.
- Whenever it is necessary to cause a female to be searched, the search is required to be made by another female with strict regard to decency.
- Before making a search of any place which is liable to search, the Police Officer making search shall call upon two or more independent and respectable inhabitants of the locality or of any other locality if no such inhabitant or the said locality is available or is willing to be a witness to the search, to attend and witness the search.
- The search shall be made in presence of witnesses, and a list of all things seized in the course of such search and of the places in which they are found shall be prepared by such Officer and signed by such witnesses, but no person witnessing as search under this section shall be required to attend the court as a witness of the search unless specially summoned by it.
- The occupant of the place searched or some person in his behalf shall be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.
- When any person is searched, a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.
- Any person who, without reasonable cause, refuse or neglects to attend and witness a search when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed offence under section 187 of the IPC.
- No male person under the age of fifteen years or women can be summoned by Police as witness to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or women resides.
(D) LEGAL RIGHTS WITH REGARD TO BAILS
- When any person other than a person accused of non-bailable offence is arrested or detained without warrant by an Officer in charge of Police Station, or appears or in brought before a Court, and is prepared at any time while in the custody or such Officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail, provided that such officer or court, if he or its thinks fit, my, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance, as hereinafter provided.
- In a non-bailable case, the arrested person or his counsel can move the appropriate court for bail, which may be granted or denied keeping in view the legal provisions and the facts and circumstances of the case.
- When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of a Session for direction under this section, and that Court may if it thinks fit, direct hat in the event of such arrest, he shall be released on bail and may also include conditions or directions in the light of the facts of the particular case, as it may think fit.