The most important thing in the world is that the “human being” and their rights which is vested on him. Based upon the norms of the criminal law is that the “thousand accused can punished but one innocent should be punished”. Every person has their own right especially right to life, liberty, equality, and dignity. This article is make some of study about the rights of arrested and accused person under the code of criminal procedure and constitutional provision of India and Malaysia. Hence this paper as explain in a detail manner for the better understanding of the rights of arrested and accused person with the relevant convention. And legal provision with the case laws. This paper is purely based on the research methodology. Hope the research paper will give advance knowledge in the matter regarding the rights of arrested and accused person.