Can a common man go directly to the high court after his arrest? Actually, if a common man is arrested, what are the rules for immediate hearing? The answer to this question is that if a common man is arrested, then under certain circumstances, a person can directly knock the door of the High Court. For example, that person concerned can take the help of a bail application. After which the high court can directly consider the bail application under certain circumstances.
What is the provision in the indian Constitution for this?
Actually, any person can knock the door of the high court under Article 226 of the indian Constitution to protect his fundamental rights. Apart from this, if a person feels that he can be arrested for a non-bailable offense, then he can apply to the high court for anticipatory bail. Apart from this, if a person is dissatisfied with the police investigation or the crime is non-cognizable, then he can file a private complaint in the court.
But can the police arrest someone without giving any reason? Actually, the police cannot arrest anyone without giving reasons. The police does not have the right to do this. If the police arrests someone or locks them up in the police station, then they have to follow the legal procedure and have to give reasons. If the police does not do this, action can be taken against them as well. According to Section 50 (1) of the indian Penal Code (CrPC), the police have to give reasons before arresting.
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