Supreme Court and Article 22 of Indian Constitution


 
 
Concept Explanation
 

Supreme Court and Article 22 of Indian Constitution

· Article 22 of the constitution and criminal law guarantee to every arrested person the following fundamental rights:

  •      The rights to be informed at the time of arrest of the offence for which the person is being arrested.
  • .    The right to be presented before a magistrate within 24 hours of arrest.
  •      The right not to be ill treated or tortured during arrest or in custody.
  • .    Confessions made in police custody cannot be used as evidence against the accused.
  •       A boy under 15 years of age and women cannot be called to the police station only for questioning.
  • · When a crime is committed, it is the job of the police to investigate, and then arrest the person they believe committed the crime. The person has to be then produced in court, where the defense lawyer defends the accused, and the public prosecutor fights the case on behalf of the state.
  • The judge hears both sides of the case, and then gives his or her ruling or judgment. If the judge believes that the accused is guilty, he or she is punished. It is now the role of the police to carry out the punishment.

     
     


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