RIGHTS OF AN ACCUSED PERSON UNDER INDIAN LAWS

Abstract

This comprehensive study examines the rights of accused persons under Indian law, focusing on constitutional guarantees, statutory protections, and judicial interpretations that form the foundation of criminal justice in India. The paper analyzes the constitutional framework provided by Articles 20, 21, and 22 of the Indian Constitution, which establish fundamental protections including safeguards against ex post facto laws, double jeopardy, self-incrimination, and arbitrary arrest and detention. The research explores the extensive rights provided under the Code of Criminal Procedure, 1973, including the right to bail, protection against illegal arrest, right to legal aid, and procedural safeguards during trial. Special attention is given to rights derived from Article 21 through judicial interpretation, including the right to fair trial, speedy trial, protection against torture and custodial violence, and humane treatment in custody. The paper examines provisions of the Indian Evidence Act, 1872, that protect accused persons, particularly the presumption of innocence and restrictions on the admissibility of confessions. Specific protections for vulnerable groups including women, children, and mentally ill accused are discussed. The study analyzes landmark Supreme Court judgments that have expanded and clarified these rights through progressive interpretation. Contemporary challenges in implementation are addressed, including police brutality, custodial torture, delayed trials, inadequate legal aid, and prison overcrowding. The research concludes that while India has a comprehensive legal framework protecting accused persons' rights, significant reforms are needed in implementation, police conduct, judicial infrastructure, and legal aid systems to ensure these rights are effective in practice.