All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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37.

Which of the following is not one of the basic. Rights of an arrested person under the Code of Criminal Procedure, 1973?

A: The right not to be subjected to unnecessary restraint.
B: The right to have a lawyer present at all times,
C: The right not to be tortured or be subject to custodial violence, and for the interrogation to remain humane.
D: The right to be produced before a magistrate within twenty-four hours of arrest.
E: The right to be informed of the grounds of arrest.

The answer is: B

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Explanation

The correct option is B: The right to have a lawyer present at all times.

This is because, according to the Code of Criminal Procedure, 1973, an arrested person does not have the right to have a lawyer present at all times, but only at certain stages of the criminal process. Section 41D of the Code states that an arrested person has the right to meet an advocate of his choice during interrogation, but not throughout the interrogation. Section 303 of the Code states that an arrested person has the right to be defended by a pleader of his choice when he is brought before a court. However, there is no provision in the Code that grants an arrested person the right to have a lawyer present at all times.

The other options are all basic rights of an arrested person under the Code of Criminal Procedure, 1973. They are:

  • The right not to be subjected to unnecessary restraint. Section 49 of the Code states that the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
  • The right not to be tortured or be subject to custodial violence, and for the interrogation to remain humane. Section 330 of the Indian Penal Code, 1860, states that whoever voluntarily causes hurt for the purpose of extorting confession or information from any person is punishable with imprisonment and fine. Section 176(1A) of the Code of Criminal Procedure, 1973, states that when any person dies or disappears or is raped in police custody, a judicial inquiry shall be held by a magistrate.
  • The right to be produced before a magistrate within twenty-four hours of arrest. Section 57 of the Code states that no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the magistrate's court.
  • The right to be informed of the grounds of arrest. Section 50(1) of the Code states that every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.