Explain how Constitution of India ensures certain rights for person who is arrested or detained.
In the following ways, Indian Constitution ensures certain rights for person who is arrested or detained :
- A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.
- The person who is arrested or detained shall be presented before the nearest Magistrate within a period of 24 hours of arrest.
- This person has the right to consult a lawyer or engage a lawyer for his defence.
- In case of a complaint, the Magistrate should check the time of arrest by questioning the person arrested.
- If the Magistrate finds that any person has been unlawfully detained, he shall report the matter to the Session Judge, who shall take appropriate action in this case.