Rights of Arrest person

  • Unique Paper ID: 184262
  • PageNo: 965-969
  • Abstract:
  • The rights of arrested persons in India are enshrined in the Constitution and Earlier in the Criminal Procedure Code (CrPC), 1973 and now in Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS), grounded in the principle that "No one is guilty until proven so." This research paper examines these legal protections, including constitutional safeguards under Articles 21 and 22, and BNSS provisions such as Sections 47, 53, and 58. Supported by landmark judgments like D.K. Basu v. State of West Bengal , the study highlights the legal framework’s intent to ensure dignity and fairness during arrests. However, challenges such as custodial violence, arbitrary police actions, and lack of awareness among detainees undermine these rights. The paper proposes reforms to enhance police accountability, improve rights awareness, and strengthen procedural safeguards to uphold justice.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{184262,
        author = {Jatu Sana Naimuddin and Ansari Sundus Najeebahmed},
        title = {Rights of Arrest person},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {4},
        pages = {965-969},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=184262},
        abstract = {The rights of arrested persons in India are enshrined in the Constitution and Earlier in the Criminal Procedure Code (CrPC), 1973 and now in Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS), grounded in the principle that "No one is guilty until proven so." This research paper examines these legal protections, including constitutional safeguards under Articles 21 and 22, and BNSS provisions such as Sections 47, 53, and 58. Supported by landmark judgments like D.K. Basu v. State of West Bengal , the study highlights the legal framework’s intent to ensure dignity and fairness during arrests. However, challenges such as custodial violence, arbitrary police actions, and lack of awareness among detainees undermine these rights. The paper proposes reforms to enhance police accountability, improve rights awareness, and strengthen procedural safeguards to uphold justice.},
        keywords = {Arrested person, Rights, Arrest, Police},
        month = {September},
        }

Cite This Article

Naimuddin, J. S., & Najeebahmed, A. S. (2025). Rights of Arrest person. International Journal of Innovative Research in Technology (IJIRT), 12(4), 965–969.

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