Nyayaseva
Legal Information, Awareness & Public Resources
Free Legal Information Portal
Legal Information, Awareness & Public Resources
Complete guide to legal rights available to accused persons after registration of FIR under Indian criminal law.
Accused has right to obtain copy of FIR from police. This is essential to know the allegations and prepare defense.
Every accused is presumed innocent until proven guilty beyond reasonable doubt. Burden of proof lies on prosecution.
Accused has right to remain silent. Statement before police cannot be used as evidence. (Article 20(3) of Constitution)
Accused has right to consult and be defended by a lawyer of their choice. Legal aid available for poor (Article 22(1)).
Accused must be informed of grounds of arrest at time of arrest (Article 22(1), Section 50 BNSS/CrPC).
Accused has right to inform a relative or friend about arrest. Police must facilitate this.
Accused has right to medical examination at time of arrest. For women, examination by female doctor.
Accused must be produced before Magistrate within 24 hours of arrest (Article 22(2), Section 57 BNSS/CrPC).
If charge sheet not filed within 60/90 days, accused gets default bail as right (Section 167 BNSS).
Accused has right to speedy trial under Article 21. Unreasonable delay can lead to bail/quashing.
Right to apply for bail in anticipation of arrest. Available when accused has reasonable apprehension of arrest.
Right to apply for regular bail after arrest. Court grants bail considering nature of offence and evidence.