Can a common person directly go to the High Court after arrest? Know important rules related to law

New Delhi: Do you know that if a common man is arrested, can he directly approach the High Court? The answer is yes. Under certain circumstances any person can apply to the High Court against his arrest or for bail. Let us know in detail what are its provisions in Indian law and what rules are applicable during arrest.

When can you go directly to the High Court?

If a person is arrested, he can directly approach the High Court in the following circumstances:

1. Bail Application:
   • arrested person application for bail Can do. The High Court can directly consider this bail application in special circumstances.
2. Anticipatory Bail:
   • If a person feels that he non-bailable offense If he can be arrested in anticipatory bail Can apply to the High Court for.
3. Article 226:
   • the person himself fundamental rights To protect the Indian Constitution Article 226 Can file a petition in the High Court under this.
4. Dissatisfaction with police investigation:
   • If any person feels that the police investigation is not being done properly or the case is of a non-cognizable offence, then he lodge a personal complaint Can go to court for.

What is the provision in the Indian Constitution?

Article 226 of the Indian Constitution Gives individuals the right to file petition in the High Court for the protection of fundamental rights. Its objective is to ensure that the rights of any citizen are not violated and they get justice.

Rights under Article 226:

• writ petition person by filing Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari Can use measures like.
• If any arrest illegal If the fundamental rights of the person are being violated, then the High Court can hear it immediately.

Can the police arrest without assigning any reason?

NoThe police do not have the right to arrest anyone without giving any reason. It is mandatory for the police to follow legal procedure for arrest.

Section 50(1) of CrPC:

• Section 50(1) of the Indian Criminal Procedure Code (CrPC) Under this, before arresting a person the police are required to tell him the reason for the arrest.
• If the police do not do this, legal action can be taken against them also.

Rules to be followed by police:

1. to spawn: The police will have to clearly explain the reason at the time of arrest.
2. Contact the lawyer: The arrested person has the right to contact a lawyer.
3. Appearance within 24 hours: police arrested person Appear in court within 24 hours Has to be done.

in short

• arrest After, the person surety Or anticipatory bail Can go directly to the High Court.
• Article 226 Under this, a petition can be filed in the High Court to protect fundamental rights.
• Police to arrest to spawn Is mandatory.