When a person is getting arrested, they have certain rights designed to protect their individual liberties and ensure fair treatment within the criminal justice system. It's important to note that these rights can vary by jurisdiction and country, but in many places, they are based on fundamental principles of due process and human rights. Here are some common rights that individuals typically have when getting arrested:
- Right to Know the Charges: When arrested, individuals have the right to know what charges are being brought against them. Law enforcement must inform the individual of the reasons for their arrest.
- Right to Remain Silent: Individuals have the right to remain silent and not answer any questions from law enforcement officers. This is based on the principle that no one can be compelled to incriminate themselves.
- Right to an Attorney: Individuals have the right to consult with an attorney before answering any questions. If they cannot afford an attorney, one may be provided for them by the state (known as a public defender).
- Right to Contact Family: In many jurisdictions, individuals have the right to inform a family member or friend of their arrest.
- Right to Habeas Corpus: This right ensures that a person cannot be detained indefinitely without being informed of the reasons for their detention and given an opportunity to challenge it in court.
- Right to a Fair and Speedy Trial: Individuals have the right to a timely trial where evidence against them is presented, and they have the opportunity to present their defense. Delays in trial can violate this right.
- Right to Medical Treatment: Arrested individuals are entitled to receive necessary medical attention if they require it while in custody.
- Right to Non-Discrimination: Arrested individuals cannot be treated unfairly or discriminated against based on factors such as race, religion, gender, etc.
- Protection from Unreasonable Searches and Seizures: The Fourth Amendment in the United States, for example, protects individuals from unreasonable searches and seizures without a warrant or probable cause. Evidence obtained illegally may be excluded from trial.
- Protection from Cruel and Unusual Punishment: This prohibits the use of excessive force or punishment that is deemed cruel or unusual under the circumstances.
Under Nepalese legal system, such rights of an arrestee have been provisioned within :
Constitution of Nepal 2072 |
Country Criminal Procedure Code 2074 |
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Article 20 Article 21 Article 22 |
Right relating to justice Right against torture Right against preventive detention |
Section 9, Subsections 9, 10, 11 |
Duty to disclose the reason of arrest, Duty to not use force while the arrestee is willingly surrendering, Duty to manage a lady police personnel as far as possible while arresting a female individual |
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These rights may vary based on the legal system of the country and jurisdiction where the arrest is taking place. Additionally, some of these rights may be limited in certain situations, such as cases involving imminent threats to public safety or national security. If you or someone you know is facing arrest, it's advisable to consult legal counsel to understand the specific rights and procedures that apply in your situation.
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