Arrest and Your Rights

Arrest/detention by the Police and your Rights : 

        Article 21 of the Constitution of India state "no person shall be deprived of his life or personal liberty except according to the procedure established by law."

       Article 22 states " no person who is shall be detained in custody without being informed of the grounds of such arrest and shall not be denied the right to consult and defend himself by a legal practitioner of his choice." 

       Clause 2 of the article 22 states that the person arrested or detained in custody  shall be produced before the nearest magistrate within 24 hours of his arrest or detention excluding the journey time.

          Article 20 part 3 of the constitution of India state that person accused of an offence can not be compelled to be a witness against himself. 

               In this regard, Hon'ble Supreme Court of India  has issued some guidelines for the police personnel when they detain/arrest any person during investigation of a case and are to be followed :

Guidelines of the Hon'ble Supreme Court of India :

       The Hon'ble Supreme Court of India has issued some "requirements"/guidelines for the police personnel to be followed in all cases of arrest/detention which are as follows :

   1)    The police personnel carrying out the arrest/interrogation of the arrested person should bear accurate, clear visible name-plate with their designation. The particulars of such police personnel should be recorded in a register.

   2)    The police personnel carrying out the arrest shall prepare a memo of arrest at the time of arrest and memo shall be attested as witness by at least one of the member of the family or by a respectable member of the society where the arrest is made.It shall be counter signed by arrested person and shall contain the date and time of arrest.

   3)   A person who is arrested or detained and kept in police custody in police-station or interrogation centre or lock-up shall be entitled to have one friend or relative other person known to the arrested person or having interest in his welfare being informed as soon as practicable , that he has been arrested and being detained at the particular place .

    4)   The time, place of arrest and venue of custody of an arrested person must be notified by the police if next friend or relative of arrested person lives outside the district or town and the police station of the concerned area telegraphically within 8 to 12 hours after his arrest.

  5)    The person arrested must be aware of his right to have someone informed about his arrest or detention as soon he is put under arrest or is detained.

   6)    An entry must be made in the diary at the place of detention regarding arrest and should disclose the name the informed person and the particulars of the arresting-officer.

   7)    On request of the arrested person he/she should be medically examined at the time of arrest and injuries, if any, be recorded at that time.The inspection memo must be signed by both arresting -officer and the arrested person and its copy be provided to the arrested person.

   8)   The arrested person should be medically examined by trained doctor or panel of doctors  every 48 hours of his/her detention in custody appointed by Director, Health Services of the concerned State or Union-territory. Panes should be prepared by the Director Health for all Thesils and Districts.

  9)   The copies of all the documents including the memo of arrest , should be sent to Illaqua Magistrate. 

10)   The arrested person must be allowed to meet his lawyer during interrogation, though not throughout the interrogation.

11)   A police control room should be provided at all district and  state headquarters where information regarding arrest be communicated by the arresting-officer within 12 hours of arrest information of arrest should be displayed on a conspicuous notice-board at the control-room.

      

                     If some concerned officer fails to comply with the above 11 requirements shall be liable for the departmental action also liable for the proceedings for contempt the court in any High Court of the country, having jurisdiction over the matter.