Jawahar. S, Saveetha School Law, Saveetha University
Ishwarya A, Saveetha School of Law, Saveetha University
ABSTRACT
This research paper deals with the “Rights of the arrested and the accused person in India with the reference to Malaysia”. This paper is predicated upon the norms of the legal code that the “thousands of accused are often punished but even one innocent shouldn’t be punished”. One among the essential tenets of our system is the advantage of the presumption of innocence of the accused till he's found guilty at the top of an attempt at legal evidence. everyone should be treated as a person's being first, regardless of any incontrovertible fact that such an individual may be a criminal. however the accused is taken into account innocent till proven guilty by a court of law. it's a characteristic of our democratic society that even the rights of the accused are deemed to be sacrosanct, albeit he's charged with an offence. During a democratic society even the rights of the accused are sacrosanct, though accused of an offence, he doesn't become a non- person. Rights of the accused include the rights of the accused at the time of arrest, at the time of search and seizure, during the method of trial and therefore the like. The constitution of India guarantees every one right against self incrimination under Article 20 “No person accused of any offense shall be compelled to be a witness against himself”. From the research, 250 samples were collected. Thus this paper provides a critical comparison between rights of arrested and accused persons in India compared to Malaysia.
Keywords: Rights, Legal provision, Convention, Procedure, Accused.
Comments