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RAMESH TEKWANI (TRADING BUSINESS)     11 April 2009

RIGHTS FO AN ACCUSED

 

What are the rights of an accused under IPC???
  1. can the accused refuse to make a statement to the police unless he has been given the opportunity to consult his lawyer before he is produced before a magistrate????
  2. does he have his right to say nothing before the trial begins and let police/prosecute prove that he is guilty???
  3. if he makes no statement to the police during the case investigation, can he get bail from the court in reasonable time since police does not have adequate proof his involvement?? Can the police ask for repeated custody on the ground that since accused is not making any statement, they are not able to get adequate evidence and therefore ask for further remand??
  4. can he make a statement before the magistrate when produced before him clarifying his position?? Will this statement be binding on him later in the trial?? or it is better he consults a lawyer and then make a statement to the police??/

can he insist on written statement in his own hand/language rather than let police write his statement in local language that is not his mother tongue and may not be written accurately by the biased police and then take his signature?? Can he deny subsequently in the court that he made some statement as it was written in local langu



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