KNOW YOUR RIGHTS - ARREST
KNOW YOUR RIGHTS IF YOU ARE ARRESTED
A person is considered arrested when either a police officer or a civilian takes them into custody or significantly restricts their freedom of movement, intending to hold them accountable for a crime or offense. In India, law enforcement authorities cannot detain someone for questioning unless they are formally arrested, whether with a warrant or without one.
WARRANT OF ARREST
A warrant is a legal document issued by a court to authorize a police officer to arrest an individual or search their property for specific items. When executing the warrant, the police officer must inform the person being arrested of the warrant's content and, if requested, show them the warrant. The officer is also obligated to promptly bring the arrested individual before the court without unnecessary delays.
ARREST WITHOUT WARRANT
A police officer is empowered to arrest a person without a warrant if there is reasonable suspicion of their involvement in a cognizable offense. However, in cases of non-cognizable offenses, a police officer cannot effect an arrest without a warrant issued by a magistrate. The Criminal Procedure Code (Cr.P.C.) contains a classification of offenses into cognizable and non-cognizable categories within its First Schedule. Cognizable offenses include serious crimes such as murder, rape, robbery, theft, and offenses against the state.
WHEN CAN A PERSON BE ARRESTED WITHOUT A WARRANT?
There are several situations in which a person can be arrested without a warrant:
- Probable Cause: If a law enforcement officer has probable cause to believe that a crime has been committed and that the person to be arrested committed it, they can make an arrest without a warrant.
- In the Act of Committing a Crime: If an officer witnesses someone committing a crime, they can make an arrest without a warrant.
- Fleeing a Crime Scene: If a person is fleeing from a crime scene and the officer has probable cause to believe they committed the crime, they can be arrested without a warrant.
- Escaping from Custody: If a person has escaped or is attempting to escape from lawful custody, they can be arrested without a warrant.
- Violation of Probation or Parole: If a person is on probation or parole and violates the terms of their release, they can be arrested without a warrant.
- Court Order or Summons Violation: If a person fails to comply with a court order or a summons, they can be arrested without a warrant.
- Threat to Public Safety: If there is an immediate threat to public safety or if delaying the arrest to obtain a warrant would result in the destruction of evidence or the escape of the suspect, an arrest without a warrant may be justified.
WHAT HAPPENS IF YOU RESIST ARREST?
Resisting arrest can lead to serious consequences, both legally and physically. Here are some potential outcomes:
- Criminal Charges: Resisting arrest is a criminal offense in many jurisdictions. Depending on the severity of the resistance and the laws in the specific area, it can result in misdemeanor or felony charges.
- Additional Charges: Resisting arrest can lead to additional charges being filed against you, such as assault on a police officer or obstruction of justice, which can carry harsh penalties.
- Use of Force: Resisting arrest may prompt law enforcement officers to use force to subdue you, which can escalate the situation and increase the risk of injury to you or others involved.
- Legal Consequences: If convicted of resisting arrest, you could face fines, probation, community service, or even imprisonment, depending on the circumstances and the laws in your jurisdiction.
- Civil Lawsuits: In addition to criminal consequences, resisting arrest could also open you up to civil liability if your actions result in harm to others or property damage.
It's crucial to understand that while you have rights during an arrest, such as the right to remain silent and the right to legal representation, resisting arrest is not a lawful way to address any grievances or concerns you may have about the arrest. It's generally recommended to comply with law enforcement instructions during an arrest and seek legal advice afterward if needed.
WHAT ARE YOUR RIGHTS WHEN YOU ARE ARRESTED?
When you are arrested, you have several rights protected by law. These rights are designed to ensure fair treatment during the arrest process and subsequent legal proceedings. Here are some of the key rights you have when you are arrested:
- Right to Remain Silent: You have the right to remain silent and not answer any questions asked by law enforcement. Anything you say can be used against you in court, so it's often advisable to invoke your right to silence until you have legal representation present.
- Right to Legal Representation: You have the right to have an attorney present during questioning and throughout the legal process. If you cannot afford an attorney, one may be appointed to represent you at no cost (this is often referred to as the right to a public defender).
- Right to Know the Charges: You have the right to be informed of the charges against you. Law enforcement must specify the reasons for your arrest and the offense(s) you are being accused of.
- Right to a Speedy Trial: You have the right to a speedy trial, which means you should not be held in custody for an unreasonable amount of time before your case is brought to trial.
- Right to Bail: In many cases, you have the right to bail, which allows you to be released from custody while awaiting trial. The amount of bail may vary depending on the seriousness of the charges and other factors.
- Right to Due Process: You have the right to due process of law, which includes fair treatment under the legal system and protection against arbitrary actions by law enforcement or the government.
- Right to Medical Treatment: If you are injured or in need of medical attention while in custody, you have the right to receive medical treatment.
Right to Refuse Search Without a Warrant: You have the right to refuse searches of your person, belongings, or property without a valid search warrant, except in certain specific circumstances where probable cause exists.
It's important to note that these rights can vary slightly depending on the laws of the jurisdiction in which you are arrested. It's advisable to cooperate with law enforcement regarding basic procedures (such as providing identification), while also asserting your rights as necessary to protect yourself legally.