Questions and answers on law (Part 69)

 Q 1:- What are rights of accused under Indian law?

Ans:- In India, the rights of the accused are enshrined in various legal documents, primarily the Constitution of India and the Code of Criminal Procedure (CrPC). Here are some key rights of the accused:

Fundamental Rights:

1) Right to Equality (Article 14): The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

2) Right to Life and Personal Liberty (Article 21): No person can be deprived of their life or personal liberty except according to procedure established by law.

3) Right against Self-Incrimination (Article 20(3): The accused cannot be compelled to answer questions or provide evidence that could be used against them in court.

Other Crucial Rights:

• Presumption of Innocence: Every accused is presumed innocent until proven guilty beyond reasonable doubt. (Criminal jurisprudence principle)
• Right to be Informed of grounds of arrest: The accused has the right to know grounds of arrest . (Article 22(1), Constitution)
• Right to Legal Representation: The accused has the right to consult and be defended by a lawyer of their choice. (Article 22(1),Constitution)
• Right to Fair Trial: The accused has the right to a fair trial. 
• Right to Speedy Trial: The accused has the right to a speedy trial.
• Protection from arbitrary Arrest and Detention.
• Right to Bail.

Additionally:

• Human Right to Dignity: Although not explicitly mentioned in the Constitution, Indian courts have recognized the right to dignity as a fundamental right, applicable to the accused as well.

Q 2:- Who will inherit the property if If woman has received property from her brother?

Ans:- S 15.General rules of succession in the case of female hindus:-

1) Property of female hindu dying intestate shall devolve as follows:

a) firstly upon her sons and daughters and husband,

b) secondly upon heirs of husband,

c) thirdly upon mother and father,

d) fourthly upon heirs of father,and 

e) lastly upon heirs of mother.

2) a) Property inherited by female hindu from her father or mother shall devolve in absence of her children upon heirs of her father.

b) Property inherited by female hindu from her husband or from her father in law shall devolve in absence of her children upon heirs of her husband.

In this case property is inherited by the woman from her brother.

Supreme court: Inherited Property Of A Female Hindu Dying Issueless And Intestate Goes Back To The Source

73. The basic aim of the legislature in enacting Section 15(2) is to ensure that inherited property of a female Hindu dying issueless and intestate, goes back to the source.

“The source from which she inherits the property is always important and that would govern the situation. Otherwise persons who are not even remotely related to the person who originally held the property would acquire rights to inherit that property. That would defeat the intent and purpose of sub-Section 2 of Section 15, which gives a special pattern of succession. “

Supreme Court

JUSTICE S. ABDUL NAZEER JUSTICE KRISHNA MURARI

ARUNACHALA GOUNDER (DEAD) BY LRS. Vs. PONNUSAMY AND ORS.

CIVIL APPEAL NO. 6659 OF 2011

20th January 2022

Author: KRISHNA MURARI, J.

Citation:  2022 ALL SCR (ONLINE) 59.

This case law is applicable to facts of present case. property inherited by her will go to the source that is heirs of her brother.

https://www.lawweb.in/2022/01/supreme-court-inherited-property-of.html

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