SIDDHARTH COLLEGE OF LAW

Assignment on Criminal Procedure Code

“A project submitted to Siddharth College of Law for the Sem V, 3rd Year LL.B
Degree Course”
(Under the guidance of Prof Sachin Gamre)

Submitted by:
Name: Deepak P Bishnoi
Roll.No. 37
Dated: 12/11/2022 Academic Year 2022-23

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 CONTENTS

Sr.N Topic Name Pg.No

2 Shelter Home under Juvenile Justice Act 12

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Case Study: Mahabir Singh V. State of
Haryana decided on 26/07/2001

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Q. What are the rights of arrested person?
ANS- Rights of an Arrested Person
All human beings are born with the Right to Life, Right to Personal Liberty, etc. Human
rights are enshrined under the Constitution of India and the Universal Declaration of Human
Rights. A person cannot be denied of his rights on the grounds that he/she has been detained.
The various rights of an arrested person can be inferred from the Code of Criminal Procedure,
the  Constitution of India and various landmark judgements.

1)Right to know the grounds of Arrest

 Section 50 of CrPC says that every police officer or any other person who is
authorised to arrest a person without a warrant should inform the arrested person
about the offence for which he is arrested and other grounds for such an arrest. It is
the duty of the police officer and he cannot refuse it.
 Section 50A of CrPC obligates a person making an arrest to inform of the arrest to
any of his friends or relative or any other person in his interest. The police officer
should inform the arrested person that he has a right to information about his arrest
to the nominated person as soon as he is put under custody.
 Section 55 of CrPC states that whenever a police officer has authorised his
subordinate to arrest any person without a warrant, the subordinate officer needs to
notify the person arrested of the substance of written order that is given, specifying
the offence and other grounds of arrest.
 Section 75 of CrPC says that the police officer(or any other officer) executing the
warrant should notify the substance to the person arrested and show him a warrant
if it required.
 Article 22(1)of the Constitution of India also states that no police officer should
arrest any person without informing the ground of arrest.

2) Right to be produced before the Magistrate without unnecessary delay

 Section 55 of CrPC states that a police officer making an arrest without a warrant
should produce the arrested person without unnecessary delay before the
Magistrate having jurisdiction or a police officer in charge of the police station,
subject to the conditions of the arrest.
 Section 76 of CrPC states that the police officer executing a warrant of arrest
should produce the arrested person before the court before which he is required by
law to produce the person. It states that the person should be produced within 24
hours of arrest. While calculating the time period of 24 hours, it must exclude the
time which is required for the journey from the place of detaining to the Magistrate
Court.
 Article 22(2) of the Constitution states that the police officer making an arrest
should be produced before the Magistrate within 24 hours of arrest. If the police

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 officer fails to produce before Magistrate within 24 hours, he will be liable for
wrongful detention.

3) Rights to be released on Bail

Subsection(2) of Section 50 of CrPC states that when a police officer arrests any person
without a warrant for an offence other than non-cognizable offence; he shall inform him that
he has a right to release on bail and to make an arrangement for the sureties on his behalf.

4)  Rights to a fair trial

Any provision related to the right to a fair trial is not given in CrPC, but such rights can be
derived from the Constitution and the various judgements.

 Article 14 of the Constitution of states that ”all persons are equal before the law”.
It means that all the parties to the dispute should be given equal treatment. The
principle of natural justice should be considered in respect of both the parties.
Right to a speedy trial is recognized in the case  Huissainara khatoon vs Home
Secretary, State of Bihar  [4], the court held- “the trial is to be disposed of as
expeditiously as possible”.

5) Right to consult a lawyer

 Section 41D of CrPC states the right of the prisoners to consult his lawyer during
interrogation.
 Article 22(1) of the constitution states that the arrested person has a right to
appoint a lawyer and be defended by the pleader of his choice.
 Section 303 of CrPC states that when a person is alleged to have committed an
offence before the criminal court or against whom proceedings have been initiated,
has a right to be defended by a legal practitioner of his choice.

6) Right to free Legal Aid

 Section 304 of CrPC states that when a trial is conducted before the Court of
Session, and the accused is not represented by the legal practitioner, or when it
appears that the accused has no sufficient means to appoint a pleader then, the
court may appoint a pleader for his defence at the expense of the State.

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  Article 39A obligates a state to provide free legal aid for the purpose of securing
justice. This right has also been explicitly given in the case of  Khatri (II) VS State
of Bihar  [5]. The court held that “to provide free legal aid to the indigent accused
person”. It is also given at the time when the accused is produced before the
Magistrate for the first time along with time commences. The right of the accused
person cannot be denied even when the accused fails to apply for it. If the state
fails to provide legal aid to the indigent accused person, then it will vitiate the
whole trial as void. In the case of Sukh Das vs Union Territory of Arunachal
Pradesh  [6], the court held:- “The right of indigent accused cannot be denied even
when the accused fails to apply for it”. If the state fails to provide legal aid to the
indigent accused person it will vitiate the whole trial as void.

7) Right to keep silence

Right to keep silence is not recognized in any law but it can derive its authority from CrPC
and the Indian Evidence Act. This right is mainly related to the statement and confession
made in the court. Whenever a confession or a statement is made in the court, it is the duty of
the Magistrate to find, that such a statement or the confession was made voluntarily or not.
No arrested person can be compelled to speak anything in the court.

Article 20 (2) states that no person can be compelled to be a witness against himself. This is
the principle of self- incrimination. This principle was reiterated by the case of Nandini
Satpathy vs P.L Dani  . It stated, “No one can force any person to give any statement or to
answer questions and the accused person has a right to keep silence during the process of
interrogation”.

8) Right to be Examined by the medical practitioner

Section 54 of CrPC states that when the arrested person alleges that examination of his body
will lead to a fact which will disapprove the fact of commission of an offence by him, or
which will lead to commission of an offence by any other person against his body, the court
may order for medical examination of such accused person at the request of him (accused)
unless the court is satisfied that such a request is made for the purpose of defeating the
justice.

Other Rights

 Section 55A of CrPC states that it shall be the duty of the person, under whose
custody the arrested person is to take reasonable care of the health and safety of
the accused.
 The arrested person is to be protected from cruel and inhuman treatment.
 Section 358 of CrPC gives rights to the compensation to the arrested person who
was groundlessly arrested.

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  Section 41A of CrPC states that the police officer may give the notice to a person
suspected of committing a cognizable offence to appear before him at such date
and place.
 Section 46 of CrPC prescribes the mode of the arrest. i.e submission to custody,
touching the body physically, or to a body. The police officer should not cause
death to the person while making an arrest unless the arrestee is charged with an
offence punishable with death or life imprisonment.
 Section 49 of CrPC states that the police officer should not make more restrained
than in necessary for the escape. Restrain or detention without an arrest is illegal.
In D.K Basu vs   State of West Bengal and others [8], this case is a landmark judgement
because it focuses “on the rights of the arrested person and it also obligates the police officer
to do certain activities”. The court also states that if the police officer fails to perform his duty
then he will be liable for contempt of court as well as for the departmental actions. Such
matter can be instituted in any High Court having the jurisdiction over the matter.

In spite of various efforts in protecting the accused from the torture and inhuman treatment,
there are still instances of custodial deaths and the police atrocities. So, the Supreme court
issued 9 guidelines for the protection of accused person and the amendment of various
sections of CrPC:-

1. Section 41B– The police officer who is making an investigation must bear visible,
clear and accurate badge in which the name of the police officer along with his
designation is clearly mentioned.
2. The police officer making an arrest must prepare a cash memo containing a date
and time of arrest which should be attested by at least one members who can be his
family member or any respectable person of a locality. The cash memo should be
countersigned by the arrested person.
3. Section 41D:- The arrested person is entitled to have a right to have one friend, or
relative or any other person who is having interest in him informed about his
arrest.
4. The arrestee must be informed about his right to have someone informed about his
right immediately when he is put under the custody or is being detained.
5. Entry is to be made in the diary which shall disclose the information relating to the
arrested person and it shall also include the name of the next friend to whom
information regarding the arrest is made. It also includes the name and the
particulars of the police officers under whose custody the arrestee is. An
examination is to be conducted at the request of the arrestee and the major and
minor injuries if any found on the body must be recorded. The inspection memo
must be signed by the police officials and the arrested person.
6. The arrestee has the right to meet his lawyer during and throughout the
interrogation.
7. Copies of all documentation are to be sent to Magistrate for his record. It also
includes a memo of the arrest

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 8. Section 41C:- The court ordered for the establishment of state and district
headquarters, the police control room where the police officer making an arrest
shall inform within 12 hours of arrest and it needs to be displayed on the
conspicuous board.
Yoginder Singh vs State of Punjab  [9]. The Court held that for the enforcement of Article 21
and 22(1) it is necessary that:-

1. The arrestee has the right to have informed about his arrest to any of its friends,
relative or any other person in his interest.
2. The police officer should aware of the arrestee about his right immediately when
he is brought under the custody.
3. The entry must be made in a diary regarding the name of the person who has been
informed about the arrest.
Prem Shukla vs Delhi Administration  [10], the court held that “the prisoners have a right not
be handcuffed Fetterly or routinely unless the exceptional circumstances arise”.

Conclusion
Custodial death and illegal arrest is a major problem in India. It infringes Article 21 of the
Constitution and also the basic human rights which is available under Universal Declaration
Of Human Rights. The guidelines issued by the Supreme Court in D.K Basu vs State of West
Bengal [11] is not properly being implemented. Proper implementation of the provision and
guidelines can result in the decreasing number of an illegal arrest.

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Q. Explain in details shelter home under juvenile justice act
Ans. A shelter home can be described as a place to take refuge or a temporary arrangement if
you are in urgent need or emergency. These shelter homes also serve as government-aided
hostels. People who are vulnerable or homeless or are in an emergency situation, they can
approach their nearest shelter homes. It is the responsibility of the government to protect the
homeless and neglected members of the society. The Juvenile Justice Act empowers state
governments to recognise organizations and provide them assistance, to set up and run shelter
homes for children, women and other people, who are in need of care and protection.

While a large number of urban marginalized children are in need of day care services, there
are many others who require residential care for a temporary period for one or more reasons.
These include children without parental care, run away children, migrant children, and child
substance abusers etc. The Juvenile Justice (Care and Protection of Children) Act 2000
empowers State Governments to recognize reputed and competent voluntary organizations, to
cater to the needs of such children. The State Government shall provide financial assistance
to set up and administer
Shelter Homes for such children. At least one such Shelter Home in the State is to be notified
and designated by the States/UTs as a Home for the care, detoxification and counselling of
children affected by substance abuse. These Shelter Homes shall offer day and night shelter
facilities to the children in need of support services for a temporary period, while efforts are
made to rehabilitate them. In order to facilitate and expedite the setting up of Shelter Homes
in every district or group of districts, the scheme shall provide financial support to the State
Governments and Union Territories.

Section 30 in The Juvenile Justice (Care and Protection of Children) Rules, 2007
Shelter Homes. 
(1) For children in urgent need of care and protection, such as street children and run-away
children, the State Government shall support creation of a requisite number of shelter homes
or drop-in-centers through the voluntary organizations.

(2) Shelter homes shall include: (g) short-stay homes for children needing temporary shelter,
care and protection for a maximum period of one year, (h) transitional homes providing
immediate care and protection to a child for a maximum period of four months, (i) 24 hour
drop-in-centers for children needing daycare or night shelter facilities.

(3) The shelter homes or drop-in-centers shall have the minimum facilities of boarding and
lodging, besides the provision for fulfillment of basic needs in terms of clothing, food, health
care and nutrition, safe drinking water and sanitation.

ROLE OF SHELTER HOME

1. Shelter homes provide protection, services and resources, which enable a person
who has experienced abuse to recover from the violence, to rebuild one’s self-
esteem and to take steps to regain an independent and self-determined life.
2. Shelter homes increase awareness and understanding related to gender-based
violence and violations of human rights.

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 3. The shelter home should keep security concerns in mind without violating the
children’s right to privacy. For example: CCTV cameras in common areas,
entrances and exits.
4. Under the Juvenile Justice Act, the State government must designate an inspection
committee for the state and district, that carries out random inspections and
recommends improvements.
5. Shelter homes must keep a child centered design in mind during both planning
and execution. This includes other important factors such as first aid, general
cleanliness and hygiene, nutritious food etc.
6. The State governments are also required to conduct detailed investigation in cases
where provisional registration has been granted to shelter homes. This is initially
for 1 month to 6 month period of time, during which the government will inspect
if the institution is fulfilling the criteria or not. If it is, then the certificate will be
issued for 5 years and renewed after another 5 years. Otherwise, no certificate will
be issued.

CONCLUSION
Shelters provide secure accommodation for children who are at risk of or have been subjected
to exploitation, although they contribute far more than just a safe place to stay. Shelters
provide essential aspects of protection, services and resources which enable women who have
experienced abuse and their children to recover from the violence, to rebuild self-esteem, and
to take steps to regain a self-determined and independent life. There are laws and rules in
India concerning Childcare institutions but what is required is a stricter implementation by
the legislature then only we can expect a better life for the juveniles, which is the ultimate
purpose of the enactment of juvenile justice administration. The objective of the enactment of
the Act will be fulfilled only when there is a stricter implementation of the laws relating to it.

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 Case Study

Mahabir Singh V. State of Haryana decided on 26/07/2001

Citation:

Bench: K.T. Thomas, R.P. Sethi

Introduction:

An accused in a murder case barged into a courtroom on his own during the morning hours,
exhibiting a knife and wanting the Magistrate to record his confession. The Magistrate
obliged him to do so and after administering oath to him the Magistrate recorded the
confession and got it signed by the confessor. A Sessions Judge and Division Bench of the
High Court of Punjab and Haryana accepted the said confession as legally admissible, found
it to be genuine and voluntary and acted upon it, among other things, and convicted the
confessor of a murder-charge and sentenced him to life imprisonment. He is Ranbir Singh the
first accused - who filed this appeal by special leave.

Facts of the case:

The case relates to the murder of a twenty-year old youth by name Anand, on the evening of
11.10.1991 by stabbing him all over his body, practically sparing no limb left unwounded.
Prosecution has traced out the backdrop that the said deceased was responsible for the
untimely death of an adolescent girl, the sister of Ranbir Singh, as the aftermath of that lass
being ravished. Though Ranbir Singh described to others that his sister died due to cardiac
arrest he was harbouring in his mind an unstable vengeance towards the deceased.

On the date of occurrence the deceased visited his sisters house at Gangeswar Village.
According to the prosecution, while he and his nephew (Sandeep) were on an evening stroll
he was buttonholed by the appellant who suggested to the deceased to have a walk with him
but the deceased did not respond to the said suggestion. Then the appellant Ranbir Singh
caught him and stabbed with a knife on his abdomen. He wriggled out of the grip of the
assailant and made a bid to escape from the scene, but he was intercepted by all the four
appellants and they all inflicted blows on him. He fell down after sustaining a large number
of injuries and died on the spot itself.

Issues and facts of law:

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guilty and acquitted. But the Division Bench of the High Court, on appeal filed by the State,
reversed the acquittal and convicted them also under Section 302 read with Section 34 IPC
and sentenced them to imprisonment for life. They have filed this appeal as of right under
Section 379 of the Code of Criminal Procedure (for short the Code) and Section 2 of the
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. All the
appellants were heard together.

Judgement:
The court confirmed the conviction and sentence passed on appellant Ranbir Singh and
dismissed the appeal filed by him. But the court allowed the appeals filed by the other three
appellants (Mahabir Singh, Sultan and Sis Pal), and the conviction and sentence passed on
them as per the impugned judgment of the Division Bench of the High Court was set aside
and the order of acquittal passed in their favour by the trial court was stand restored.

Conclusion:
In this case, the court observed that where the magistrate fails to explain to accused that he
was not bound to make the confession and that if he did so, such confession might be used as
evidence against him that confession so recorded can’t be taken into consideration.
The Magistrate said in her deposition that as a matter of fact she did not know Ranbir Singh
personally and that she did not verify whether the person appearing before her was really
Ranbir Singh.
As per Section 164(1) of the Code, Recording of confession and statements.- (1) Any
Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the
case, record any confession or statement made to him in the course of an investigation under
this Chapter or under any other law for the time being in force, or at any time afterwards
before the commencement of the inquiry or trial
The court observed that t it is necessary that such appearance must be in the course of an
investigation under Chapter XII of the Code. If the Magistrate does not know that he is
concerned in a case for which investigation has been commenced under the provisions of
Chapter XII it is not permissible for him to record the confession. If any person simply barges
into the court and demands the Magistrate to record his confession as he has committed a
cognizable offence, the course open to the Magistrate is to inform the police about it. The
police in turn has to take the steps envisaged in Chapter XII of the Code. It may be possible
for the Magistrate to record a confession if he has reason to believe that investigation has
commenced and that the person who appeared before him demanding recording of his
confession is concerned in such case.
The magistrate has not stated that before taking down the confession he/she explained to
Ranbir Singh that he was not bound to make the confession, and that if he did so, such
confession might be used as evidence against him. This is sine qua non for recording a
confession. Further a Magistrate is forbidden from recording any such confession until he/she
gets satisfaction that the person is going to make a voluntary confession. There is nothing in
the evidence of magistrate that he/she had adopted such precaution. For all those reasons the
court kept that document/confession out of the ken of consideration in this case.

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