Answer By law4u team
During police interrogation in India, a person has several legal and constitutional rights for protection against illegal detention, torture, and forced confession. Important rights during police interrogation: Right to remain silent Under Article 20(3) of the Constitution of India, no accused person can be compelled to give self-incriminating statements. Right to know grounds of arrest Police must inform the person about the reason for arrest and the alleged offence. Right to consult an advocate A person has the right to meet and consult a lawyer. Right against torture and coercion Police cannot use threats, force, or mental harassment to obtain confession. Right to medical examination Arrested person may request medical examination if injured or ill-treated. Right to inform family or friend Police must allow information regarding arrest to be given to a relative or friend. Right to be produced before Magistrate within 24 hours Police cannot keep an arrested person in custody beyond 24 hours without Magistrate’s permission. Right to free legal aid Poor accused persons can obtain free legal assistance through Legal Services Authorities. Rights of women Women should generally be interrogated in presence of female police personnel. Arrest of women at night is generally restricted except under special circumstances. Rights of juveniles Children are protected under the Juvenile Justice (Care and Protection of Children) Act, 2015 and special procedures apply. Important Supreme Court safeguards: D.K. Basu v. State of West Bengal laid down important protections against custodial abuse and illegal arrest. If these rights are violated, complaint can be made before: Magistrate Senior Police Officers Human Rights Commission High Court through writ petition.
