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Arrested Persons'
Rights |
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The police personnel carrying
out the arrest and handling the interrogation of the arrestee
should wear accurate, visible and clear identification and name
tags with their designations. The particulars of all such police
personnel who handle interrogation of the arrestee must be recorded
in a register.
- Everyone
has the right to liberty and security of the person. Everyone
has the right to liberty of movement.
- Everyone has the right to the protection o f the law from
arbitrary or unlawful interference privacy, family, home
or correspondence and unlawful attacks on honour and reputation.
- Arrest
is depriving a person of his of her liberty, or otherwise
expressed as "the act of apprehending a person for
the alleged commission of an offence or by the action of
an authority". No law enforcement official shall make
any arrest which is unlawful or unnecessary.
That the police officer carrying out the arrest of the arrestee
shall prepare a memo of arrest at the time of arrest and such
memo shall be attested by at least one witness, who may either
be 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 countersigned by the arrestee and shall contain the time
and date of arrest
- 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
- 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 Aid Organisation in the District and the
police station of the area concerned telegraphically within
a period of 8 to 12 hours after the arrest
- The
person arrested must be made aware of this right to have
some one informed of his arrest or detention as soon as
he is put under arrest or is detention
- An
entry must be made in the diary at the place of detention
regarding the arrest of the person which shall also disclose
the name of the next friend of the person who has been informed
of the arrest and the names and particulars of the police
officials in whose custody the arrestee is
- The
arrestee should, where he so requests, be also examined
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 “Inspection Memo” must be singed both by the arrestee
and the police officer effecting the arrest and its copy
provided to the arrestee
- The
arrestee should be subjected to medical examination by a
trained doctor every 48 hours during his detention in custody
by a doctor on the panel of approved doctors appointed by
Director, Health Services of the State or Union Territory
concerned. Director, Health Services should prepare such
a panel for all tehsils and districts as well
- Copies
of all the documents including the memo of arrest, referred
to above, should be sent to Illaqa Magistrate for his record
- The
arrestee may be permitted to meet his lawyer during interrogation,
though not throughout the interrogation
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