161 October 25 2025

RIGHTS AND REMEDIES FOR THE ACCUSED UNDER INDIAN LAW AUTHORED BY ADVOCATE ALOK KUMAR, CRIMINAL LAWYER

The Indian Constitution and criminal laws have been crafted to uphold justice, fairness, and equality for all individuals, including those accused of committing offences. In a democratic society, it is essential that every person — even an accused — is treated with dignity and provided the opportunity to defend themselves. As a criminal lawyer, I, Advocate Alok Kumar, firmly believe that these rights form the foundation of a just legal system that balances the power of the State with the liberty of the individual.

Under Article 14 of the Constitution of India, every person is guaranteed equality before the law and equal protection of the laws. This principle ensures that all accused persons, regardless of their social or economic status, must be treated equally. For example, if both a wealthy businessman and a daily-wage worker are accused of theft, the police and courts must extend the same rights and procedures to both, without bias or discrimination. Equality before law means that justice depends solely on facts and evidence, not on power or position.
Article 20 provides three crucial protections for those accused of crimes. Firstly, no person can be punished for an act that was not an offence at the time it was committed (no ex post facto law). For instance, if a new law passed in 2025 bans online betting, a person who participated in betting in 2024 cannot be punished under the new law. Secondly, Article 20(2) guards against double jeopardy, meaning that no one can be tried or punished twice for the same offence. If an individual is acquitted of theft, they cannot be tried again for that same act. Lastly, Article 20(3) protects an accused from self-incrimination — they cannot be compelled to give evidence against themselves. For example, during police interrogation, an accused person cannot be forced to confess or sign a statement admitting guilt.

Article 22 of the Constitution further protects the rights of persons who are arrested or detained. It ensures that an arrested person must be informed of the reasons for their arrest, must be produced before a magistrate within 24 hours, and must have the right to consult a lawyer of their choice. If the police fail to produce an arrested person before a magistrate within the stipulated time, the detention becomes unconstitutional. For example, if someone is arrested on a Friday evening, they must be brought before a magistrate by Saturday evening (excluding travel time), or else the custody becomes illegal. These provisions prevent misuse of police powers and uphold personal liberty.

In addition, Article 39A of the Constitution emphasizes equal justice and free legal aid. It directs the State to ensure that no person is denied justice because of poverty or social disadvantage. The Legal Services Authorities Act, 1987 was enacted to implement this article. Through bodies like the National Legal Services Authority (NALSA), State Legal Services Authorities (SLSA), and District Legal Services Authorities (DLSA), free legal aid is provided to those who cannot afford a lawyer. For example, a poor laborer accused of a petty offence such as trespass can approach the DLSA to get a qualified advocate to defend him without any fee. This ensures that justice remains accessible to all citizens, irrespective of their financial background.

The rights of arrested or detained persons are also guaranteed under the Criminal Procedure Code (CrPC). Section 50 mandates that a person arrested must be informed of the reasons for arrest and their right to bail if the offence is bailable. Section 57 requires that no one be detained for more than 24 hours without being produced before a magistrate. Section 41D grants the right to consult a lawyer during interrogation, and Section 304 ensures free legal aid to those who cannot afford counsel. Moreover, under Section 54, an arrested person has the right to medical examination to ensure there is no ill-treatment. The Supreme Court has also held that unnecessary handcuffing of accused persons violates their dignity. For example, a person accused of a non-violent minor offence like cheque bounce should not be handcuffed unless there are exceptional reasons.

Bail is another vital safeguard under the CrPC, ensuring that an accused is not unnecessarily detained before trial. There are several types of bail: regular bail (Sections 437 and 439) for persons already in custody; anticipatory bail (Section 438) for those who fear arrest; and interim bail, which is temporary until a final bail order is passed. One of the most important categories is default bail, also known as statutory bail, under Section 167(2). This bail is granted when the police fail to complete the investigation and file a charge sheet within 60 days (for ordinary offences) or 90 days (for serious offences). For example, if a person accused of murder is not charge-sheeted within 90 days, they have a statutory right to be released on default bail. This provision ensures that police authorities cannot keep an accused in indefinite custody without completing investigation.

Bail can be granted either on a personal bond or with a surety bond. A personal bond means the accused is released on their own promise to appear before the court whenever required, without furnishing any financial security. For instance, a first-time offender accused of a minor offence like traffic violation may be released on a personal bond. On the other hand, a surety bond requires another person (called the surety) to guarantee the accused’s appearance in court. If the accused fails to appear, the surety has to pay the amount fixed by the court. For example, a relative of the accused may act as a surety for ₹10,000 to ensure that the accused attends all hearings.

The Indian Evidence Act, under Sections 126 to 129, provides important protections to accused persons in the form of privileged communications. Section 126 states that no lawyer can disclose any professional communication made to them by a client during their employment without the client’s consent. For instance, if a client confides in their lawyer about certain facts related to the case, the lawyer cannot reveal them in court or to any third party. Section 127 extends this rule to interpreters, clerks, and assistants of the lawyer. Section 128 ensures that this duty of confidentiality continues even after the lawyer-client relationship ends. Finally, Section 129 provides that a client cannot be compelled to disclose any confidential communication made to their lawyer. These provisions build trust between the lawyer and the accused, allowing for honest discussions essential to an effective defence.

In conclusion, the rights of the accused in India are comprehensive and deeply rooted in the Constitution and criminal law. As Advocate Alok Kumar, a practicing criminal lawyer, I strongly believe that these rights — from equality before the law to the right to bail and legal representation — are not privileges but essential safeguards of liberty. They ensure that every individual, regardless of accusation, is treated fairly and given a fair chance to defend themselves. Upholding these rights preserves the rule of law and reinforces the belief that justice must not only be done but must also be seen to be done.

Author

avatar
Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District Courts
LL.B.▪︎Faculty of Law▪︎Delhi University


Comments are not allowed on this article.