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Question
The police cannot act arbitrarily with an accused. How does the law ensure this?
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Solution
Dear Student,
The Police involved in maintaining law and order .It is involved in an investigation 'It is engaged in recording statements of witnesses and collecting different kinds of evidence.\ Police can make an arrest only if it finds some evidence to connect the accused with the crime from the statements of witnesses, circumstances or other material to support the arrest
The police is a law enforcement agency and has to function as per the law of the land. It cannot misuse its power and cannot arrest anybody arbitrarily.
As per the law and fundamental right, the following is guaranteed to protect the person from arbitrary exercise of power:
a. Every accused has a right to defend himself as per the Constitution of India. Article 22 of our Fundamental right allows individual to be defended by a lawyer.
b. The accused as per the constitution has a right to defend himself and have a fair trial. The defense lawyer presents the case of the accused. And that every accused must be held innocent until proven guilty.
c. Article 22 guarantees fundamental rights of an arrested person which provides for him to be informed reason of his arrest, to be produced before the magistrate within 24 hours , to have a lawyer of his choice to defend himself.
d. Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.
e. The police is not allowed to torture /beat or shoot anyone during investigation.
f. The police is not permitted to inflict any kind of punishment on the person involved in petty offences.
g. Confessions made at the police custody cannot be taken as evidence against the accused as they are likely to be made under pressure from the police and may be prejudiced and biased due to pressure or coercion.
h. A boy under 15 years of age and women cannot be called to the police station only for questioning , as per article 22 of the constitution.
Regards
The Police involved in maintaining law and order .It is involved in an investigation 'It is engaged in recording statements of witnesses and collecting different kinds of evidence.\ Police can make an arrest only if it finds some evidence to connect the accused with the crime from the statements of witnesses, circumstances or other material to support the arrest
The police is a law enforcement agency and has to function as per the law of the land. It cannot misuse its power and cannot arrest anybody arbitrarily.
As per the law and fundamental right, the following is guaranteed to protect the person from arbitrary exercise of power:
a. Every accused has a right to defend himself as per the Constitution of India. Article 22 of our Fundamental right allows individual to be defended by a lawyer.
b. The accused as per the constitution has a right to defend himself and have a fair trial. The defense lawyer presents the case of the accused. And that every accused must be held innocent until proven guilty.
c. Article 22 guarantees fundamental rights of an arrested person which provides for him to be informed reason of his arrest, to be produced before the magistrate within 24 hours , to have a lawyer of his choice to defend himself.
d. Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.
e. The police is not allowed to torture /beat or shoot anyone during investigation.
f. The police is not permitted to inflict any kind of punishment on the person involved in petty offences.
g. Confessions made at the police custody cannot be taken as evidence against the accused as they are likely to be made under pressure from the police and may be prejudiced and biased due to pressure or coercion.
h. A boy under 15 years of age and women cannot be called to the police station only for questioning , as per article 22 of the constitution.
Regards
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