In case of arrest please ensure that the following specific guidelines are followed while making arrests as laid down by the Hon'ble Supreme Court.
(i) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designation. The particular of all such personnel who handle interrogation of the arrestee must be recorded in a register.
(ii) That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.
(iii) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.
(iv) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aids Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
(v) The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
(vi) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclosed the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.
(vii) The arrestee should, where he so request, be also examines at the time of his arrest and major and minor injuries, if any present on his /her body, must be recorded at that time. The Inspector Memo' must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
(viii) The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention In custody by a doctor on the panel of approved doctor appointed by Director, Health Services of the concerned State or Union Terri¬ tory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well.
(ix) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.
(x) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(xi) A police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.
Rights of the Public:
» Article 21 of the Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. Every person has the right to live with human dignity which include guarantee against torture and assault.
» Article 20(3) of the Indian Constitution gives the individual protection against self incrimination.
» Right to be informed of the grounds of arrest (Section 50, 55 and 75 of the Cr.P.C. & Supreme Court Judgement in Writ Petition (Crl) No. 539 of 1986 D.K. Basu Vs State of West Bengal.
» Right not to be subjected to unnecessary restraint (Section 49 of Cr.P.C.).
» Right against arbitrary or illegal detention in custody (Section 56, 57 and 76 of Cr.P.C.).
» Right to be released on bail if arrested (Section 436, 43, 50(2) and 167 of Cr.P.C.)
» Right to obtain receipt when property is seized (Section 100(6) and (7) of the Cr.P.C.).
» Right not to be detained for more than 24 hrs after arrest without judicial scrutiny (Section 57 of Cr.P.C.).
» Right to medical examination at his behest to disprove the commission of an offence by him or to establish commission of an offence against his body by others (Section 54 of the Cr.P.C.).
» Right to a fair and speedy investigation (Sec. 309 CRPC).
» Right to legal aid at the expense of the State in certain cases (Sec. 304 of the Code).
» Any person when arrested has the right to inform his friend/relative of his arrest or detention (Supreme Court Judgement in Writ Petition (Crl) No.539 of 1986 D.K. Basu Vs State of West Bengal).
» Any person arrested/detained without reasonable grounds has the right to take shelter of the Court U/S 220 IPC.
» Nothing is an offence which is done in the exercise of the right of private defence(Sec. 96 of IPC).