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CONSTITUTIONAL
RIGHTS
SPECIAL
RIGHTS FOR WOMEN AND CHILDREN
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.
- 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.
- 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.
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