#RightsofAccusedPersons Part - 2 Rights of Accused Persons | Judiciary UP

#RightsofAccusedPersons
Part - 2

Rights of Accused Persons

Under Criminal Law :

Presumption of Innocence:
In Blackstone's famous words, it is better that ten guilty persons escape than that one innocent suffer. The essence of criminal trial lies in that the accused is to be presume innocent until a charge is proved against him without any reasonable doubt.

Right To Know The Grounds of Arrest:

As per Section 50(1) of Cr.P.C. , where a person arrested without warrant is entitled to know the full particulars of offence for which he is being arrested and where a person is arrested with warrant, he must be notified the particulars of such warrant, or even show such warrant if needed. Sec. 75 of Cr.P.C.


Right to Be Taken before a Magistrate without Delay:

Irrespective of the fact, that whether the arrest was made with or without a warrant, the person who is making such arrest has to bring the arrested person before a judicial officer without any unnecessary delay. By Sec 56 and 76 of the code, an accused has to be produced before a magistrate within the 24 hrs.

Right to free, fair and speedy trial:

As justice delayed is justice denied, the concept of speedy and expeditious trial was introduced by which the accused person is given fair and impartial justice quickly.

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