What are the rights of an accused person in a criminal case?
Joginder Singh Rohilla
Advocate at High Court of Madhya Pradesh, Indore | Civil & Criminal Lawyer In Indore
Rights of an Accused Person in a Criminal Case in India
The Indian legal system ensures that an accused person is not deprived of their fundamental rights while undergoing criminal proceedings. The Constitution of India, along with the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act, 1872, provides various safeguards to protect the rights of the accused. These rights are crucial to ensuring a fair trial, due process, and protection against arbitrary action by law enforcement agencies.
Here’s a detailed explanation of the rights of an accused person in a criminal case in India:
1. Right to Equality Before Law (Article 14 of the Constitution)
- Every accused person is entitled to equal protection of the law and cannot be discriminated against based on caste, religion, gender, or social status.
- Law enforcement agencies and courts must treat all accused individuals equally under similar circumstances.
2. Right to Protection Against Self-Incrimination (Article 20(3) of the Constitution & Section 161(2) CrPC)
- No person accused of an offense shall be compelled to be a witness against himself.
- This means the accused cannot be forced to make statements that may incriminate them.
- The accused has the right to remain silent during interrogation.
Case Law: Nandini Satpathy v. P.L. Dani (1978) – The Supreme Court held that an accused cannot be forced to answer questions that may expose them to criminal liability.
3. Right to Life and Personal Liberty (Article 21 of the Constitution)
- An accused person has the right to a fair trial and cannot be deprived of their personal liberty except according to the due process of law.
- The trial must be conducted in an impartial manner, ensuring natural justice and fair hearing.
Case Law: Maneka Gandhi v. Union of India (1978) – The Supreme Court expanded the scope of Article 21 to include the right to a speedy trial and legal aid for accused persons.
4. Right to Know the Accusation (Section 50 CrPC & Article 22(1) of the Constitution)
- The accused has the right to be informed immediately about the offense for which they are arrested.
- In case of an arrest for a non-bailable offense, the police must inform the accused about their right to seek bail.
Case Law: Zahira Habibullah Sheikh v. State of Gujarat (2004) – The Supreme Court emphasized that the accused must be informed about the charges against them to prepare a proper defense.
5. Right to Legal Aid (Article 39A of the Constitution & Section 303, 304 CrPC)
- Every accused person has the right to be defended by a lawyer of their choice.
- If an accused cannot afford legal representation, the State must provide free legal aid.
- Legal services are provided by the Legal Services Authority at various levels (District, State, and National).
Case Law: Khatri v. State of Bihar (1981) – The Supreme Court ruled that the State must provide free legal aid to indigent accused persons.
6. Right Against Arbitrary Arrest and Detention (Article 22 & Sections 41, 50, 57, and 167 CrPC)
6.1. Right Against Illegal Arrest
- A person cannot be arrested without reasonable cause.
- The police must follow the procedure under Section 41 CrPC, which allows arrest only if there is sufficient material to justify it.
6.2. Right to be Produced Before a Magistrate Within 24 Hours (Section 57 CrPC)
- After an arrest, the accused must be presented before a magistrate within 24 hours, excluding travel time.
- If not produced within this time frame, the detention becomes illegal.
6.3. Right to Bail (Sections 436, 437, 439 CrPC)
- In bailable offenses, bail is a matter of right.
- In non-bailable offenses, bail is at the discretion of the court.
- The Supreme Court has ruled that bail is the rule and jail is the exception (*State of Rajasthan v. Balchand, 1977).
7. Right to Speedy Trial (Article 21 & Section 309 CrPC)
- The accused has the right to a trial without unnecessary delay.
- Unjustified delays can result in the quashing of proceedings.
Case Law: Hussainara Khatoon v. State of Bihar (1979) – The Supreme Court held that speedy trial is a fundamental right of an accused.
8. Right to Fair Trial and Open Court Hearing (Sections 273, 327 CrPC)
- The accused has the right to fair proceedings in an open court.
- Exceptions exist for cases involving sexual offenses, where proceedings may be conducted in-camera (privately).
Case Law: Naresh Shridhar Mirajkar v. State of Maharashtra (1966) – The Supreme Court ruled that open court trials are the norm, ensuring transparency.
9. Right to Cross-Examine Witnesses (Section 138 of the Indian Evidence Act, 1872 & Section 311 CrPC)
- The accused has the right to cross-examine prosecution witnesses to test their credibility.
- The accused can also summon witnesses in their defense.
10. Right Against Double Jeopardy (Article 20(2) & Section 300 CrPC)
- A person cannot be prosecuted or punished for the same offense twice.
- If acquitted or convicted, the accused cannot be retried for the same offense.
Case Law: Maqbool Hussain v. State of Bombay (1953) – The Supreme Court ruled that double jeopardy applies only when there has been a conviction or acquittal by a competent court.
11. Right to Appeal (Sections 374, 389, 397, 401 CrPC & Article 136 of the Constitution)
- If convicted, the accused has the right to appeal before a higher court.
- Appeals can be filed in:
- Sessions Court → High Court → Supreme Court
- In exceptional cases, appeals can be made directly to the Supreme Court under Article 136.
12. Right to Compensation for Unlawful Arrest or Conviction (Article 21 & Section 358, 359 CrPC)
- If an accused is wrongfully arrested or convicted, they have the right to seek compensation from the State.
- The Supreme Court has ruled that wrongful imprisonment violates Article 21 (*Rudal Shah v. State of Bihar, 1983).
Conclusion
The Indian legal system guarantees multiple rights to an accused person to ensure justice, fairness, and protection against abuse of power. These rights stem from constitutional safeguards, CrPC provisions, and judicial interpretations.
Ensuring that an accused receives a fair trial, legal representation, and protection against arbitrary actions is essential in upholding the rule of law.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304