LAWLIGHTS: MIRANDA RIGHTS

LAWLIGHTS: MIRANDA RIGHTS

Introduction:

WHAT ARE MIRANDA RIGHTS OR MIRANDA RULE?

v You have the right to remain silent.

v Anything you say can be used against you in court,

v You have the right to talk to a lawyer before interrogation

v You have the right to have your lawyer during interrogation.

v If you can’t afford a lawyer, one will be appointed for you if you wish.

 

This rule came after the landmark judgment in US Supreme Court case MIRANDA VS ARIZONA 384, US 436, 1966. The above rights should be read out to the arrested person that they need not aware of it.

In the above case it was stated that Miranda’s statement “could not be used against him because at the stage of interrogation he didn’t know about his constitutional rights”, that is the respective officer not advised his rights to him.

From the above landmark case it came into force that one’s constitutional rights should be advised during the process of arrest by the respective officer. This rule is termed as MIRANDA RULE OR MIRANDA RIGHTS

MIRANDA RIGHTS IN INDIA?

In India, the Miranda Rule is in practice? Actually in India this rule need not be in practice because the rules in our constitution and the Code of Criminal Procedure 1973,

v Confessions made to police officer are not considered or admissible as evidence in any case.

v Under ARTICLE 20(3) in our Indian constitution says, “No person accused of any offence shall be compelled to be a witness against himself”.

ARTICLE 22

v It states that the person shall be informed of the grounds of his arrest.

v He shall have legal practitioner of his choice.

v And that he must be produced before the nearest Magistrate within 24 hours of his arrest.

THE CODE OF CRIMINAL PROCEDURE, 1973:

v The police officer should inform the rights of an arrested person under sub section (1) of sec 50 as soon as he is brought to the police station. [SEC 50(3)].

 

v During investigation or interrogated by a police officer the arrested person shall have the right to meet an advocate of his choice.[SEC 41D].

 

 CONCLUSION:

Thus there is no Miranda Warning in India is necessary because the confessions made to police are not considered to be evidence in any circumstances and after arresting a person only the respective officer needs to advise the rights of an arrested person provided to him under law. But the statement made by an arrested person in front of Magistrate is accounted under section 164 of CRPC and the statement given by the person is valid evidence in any case which may be employed against the accused.