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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