Can I get legal assistance if arrested during lockdown?

153 votes

Article 22(1) of the Constitution provides that no person who is arrested shall be denied the right to consult a legal practitioner of his choice. Further, as has been held by the Supreme Court that state is under a constitutional mandate (implicit in article 21) to provide free legal aid to an indigent accused person, and the constitutional obligation to provide free legal aid does not arise only when the trial commences but also attaches when the accused is for the first time produced before the magistrate, as also when remanded from time to time.

It has been held by the Supreme Court that non-compliance with this requirement and failure to inform the accused of this right would vitiate the trial. Section 50(3) also provides that any person against whom proceedings are instituted under the code may of right be defended by a pleader of his choice. The right of an arrested person to consult his lawyer begins from the moment of his arrest. The consultation with the lawyer may be in the presence of a police officer but not within his hearing.
 

Can a police officer make an arrest of a person who violates lockdown guidelines?

Under a lockdown, the police do not have the power to arrest anyone who is violating the lockdown without the court’s permission. They can issue a warning and advise the people to head home.

However, if the person gets adversarial, the police do have the right to arrest them under Section 269 (negligent act likely to spread infection of disease danger­ous to life) and 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code (IPC). If someone were to escape from quarantine, the authorities can book him under Section 271 (Disobedience to quarantine rule) of the IPC.
 

Do you have a right to consult a lawyer when arrested violating lockdown guidelines?

As stated above, you do have a right to legal assistance if you are arrested during the lockdown or even during normal times. Apart from Article 22(1) of the Constitution of India Section 41 D of the Code of Criminal Procedure also provides you with that right. Moreover, in case you cannot afford a lawyer and want free legal aid and assistance, you can ask the police to connect you to the District Legal Services Authority or its deputed panel lawyer.

LawRato LawRato

646 votes

Hi,
As per the information provided by you, it is essential to understand at which stage the matter is proceeded and before which court. It is recommended to have a meeting so that proper and sane advise can be given.

Advocate Ayush Kapur LawRato