Miranda Rights - The rights of accused person
Accused person Rights to be informed about the grounds of his arrest and right to remain silent and have a lawyer to defend his case is called the MIRANDA RIGHTS in USA but the same provided in the Article 20, 21 & 22 of the constitution of Indian, various section of BNSS-2023 and guidelines by the Supreme Court of Indian in the case of Dilip Kumar Basu Vs State of West Bengal, Criminal M.P.no.16886 of 1997.
01. The grounds of arrest to be informed in writing to the accused, his family/friends, and lawyers. There is also a fundamental right of the accused person crafted in Article 22(1) of the Constitution of India. The same is provisioned in sections 47 & 48 of the BNSS-2023. The same is also re-iretated by the Supreme Court in the case of D.K.Bashu Vs State of W.B., 1997. Supreme Court in the case of Vihaan Kumar Vs State of Haryana judgement II it is guidelines that the grounds should be infirmed to the accused in writing.
02. The right to remain silent is a fundamental right of an accused person, crafted in Article 20(3) of the Indian Constitution.
03. The right to consult with the lawyer of his choice is crafted in Article 22(1) of the COI. The same is provisioned in section 38 of BNSS-2023. If the accused has no sufficient means to hire a lawyer, then the state will provide one free of cost.
04. No one can compel an accused to confess a crime in custody as the same is crafted in Article 20(3) of COI.
05. The provisions of chapter V of the BNSS-2023 shall be complied with, otherwise, the provision of section 60 will be violated, and in the case, the accused shall be released from the custody forthwith.
If the above provisions are violated, the accused should not be kept in custody for a second and must be released forthwith.