NHRC Guidlines on Arrest

Arrest/detention by the Police and NHRC :

             National Police Commission (NPT) examined the subject "power of arrest"  and found that a large number of discretionary and unnecessary arrests are made by the police which give rise to corruption, malpractices and highhandedness, adversely affecting the image of the police in the public. It also leads to overcrowding in the prisons and unnecessary expenditure.

         The power of arrest seriously restrict the individuals rights and has direct effect on the image of the police in the public, National Human Rights Commission of India has issued a number of guidelines arrest of the accused by the investigating agencies :

Guidelines to be followed before Arrest :

 1) Arrest should be made only after a reasonable             satisfaction.

   2)    Arrests in cognizable cases be carried out only if accused is involved in serious offence, likely to abscond, prone to violent behaviour or habitual offender.

  3)    While proceeding for arrest of accused, police officer should carry photograph of the accused or should take help of some person to identify the accused so as to avoid wrongful arrests.

  4)    The Station House Officer (SHO) while deputing his subordinate for arrest of a person should written order to the deputed officer regarding arrest of the person.

  5)    After due notification, police-officer can break open the door for arrest of accused.

Guidelines during Arrest :

 1)    The arrested person must be informed about the grounds of arrest and his right to to be represented by the lawyer.

 2)     Use of force must be avoided during arrest,if needed minimum force must be used.

 3)    Police officer carrying out the arrest/detention must bear clear, accurate and visible identification and name tags.

 4)    The particulars of the arresting officer must be recorded in a register.

 5)    While arresting a person a memo arrest must made which must be attested by at least one witness and should be signed by the arrested person. A copy the memo be given to the arrested person.

Guidelines after Arrest :

 1)       The arrested person must be produced before the court       within 24 hours of arrest, excluding the journey time from his place of arrest to the court.

 2)       The reasons of arrest must be recorded in case diary.

 3)       In case a person is arrested in bailable offence, he must be informed about his right to bail.

 4)       The arrested person must be made aware his right to inform a friend, relative or a person interested in his welfare about his arrest and place of detention as soon as practicable.

 5)       An entry must be made in diary indicating the information about arrested person and name of the person in whose custody the arrested person is being kept.

 6)      A friend,relative of the arrested person  must be notified by the police about time,date and place of arrest and custody. If the relative or friend lives outside district or town, information must be given through District Legal Aid Organisation and concerned police station.

 7)       Fetters or handcuffs should not be used as matter of routine or for the convenience of escorting officer. The arrested person should not be handcuffed unless there is clear danger of his escaping and is involved in serious offence, is of desperate character or likely to commit suicide.

 8)      The reasons for handcuffs must be recorded in case diary report and should not be handcuffed without the permission of the Magistrate.

 9)      Officer conducting search of a person must prepare a memo of  the seized-articles and should hand over a copy of the memo to the arrested person.   

10)      Arrested person should be kept only in the officially recognised places.

11)      Care should be taken for safety and well-being of the detained person.Proper arrangement for his food,shelter,clothing, medical services and personal hygiene be made.

12)     While an accused is medically examined by doctor to get evidence in case, the care should be taken if the accused is a woman, she should be medically examined through a woman medical practitioner.

13)     The substance of the medical examination be recorded in station diary. All major and minor injuries be noted a memo and arrangements be made for his treatment.

14)   The medical examination of accused person be carried trained doctor who is in the penal of the approved doctors of the Director, Health Services.

15)      Police officer should allow the arrested person to consult a lawyer of his/her choice. Lawyer can remain present during interrogation for some time.Police may remain present at the time of  consultation but care should be taken of the privacy of the arrested person.

16)    No one should be subjected to the torture, inhuman or degrading treatment.

17)    Accused person can not be  to confess guilt or testify against himself.

18)     An arrested person should not be photographed unless it is absolutely necessary. Permission of the Superintendent of  the Police or prior sanction of the Deputy Inspector General of the Police be taken.

19)     Copies of all documents including memo of arrest be sent to Illaqua Magistrate.

20)   The legal aid committee be informed about the arrest of the accused person so that arrested person can take legal assistance.

21)  The information about the arrest and about the place where detained person is being kept must be sent State Police Headquarter within 12 hours of the arrest. This information should be prominently displayed in the police control room at district and state headquarter.