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RIGHTS OF ARRESTED PERSON
DIRECTION
& GUIDELINES ISSUED BY THE SUPREME COURT
(1) 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
designation.
(2) 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.
(3) 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.
(4)
The time, place of arrest and venue of custody of 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 Organization in the District and the
police station of the area concerned telegraphically within
a period of 8 to 12 hours after the arrest.
(5)
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.
(6) 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 or detention as soon as he is put
under arrest or is detained.
(7)
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 recorder at that time. The
"Inspection Memo" must be signed both by the arrestee and
the police officer effecting the arrest and its copy
provided to the arrestee.
(8)
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 Service of the concerned State
or Union Territory. Director, Health Service, should prepare
such a panel for all Tahsils and District as well.
(9)
Copies of all the documents including the memo of arrest,
referred to above should be sent to the Magistrate for
his record.
(10) The arrestee may
be permitted 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 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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