SUPREME
COURT DIRECTION ON ARREST
In
view of the increasing incidence of violence and torture in custody, the Supreme
Court of India (in D.K.Basu vs. State of West Bengal (1997) AIR 1997 SC 610) has
laid down 11 specific requirements and procedures that the police and other agencies
have to follow for the arrest, detention, and interrogation of any person.
These
are:
1.
Police arresting and interrogating suspects should wear “accurate, visible and clear”
identification and name tags, and details of interrogating police officers should
be recorded in a register.
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2.
A memo of arrest must be prepared at the time of the arrest. This should: Have the time
and date of arrest. be attested by at least one witness who may either be a
family member of the person arrested or a respectable person of the locality
where the arrest was made. be counter-signed by the person arrested.
3.
The person arrested, detained, or being interrogated has a right to have a relative,
friend or well-wisher informed as soon as practicable, of the arrest and the place
of detention or custody. If the person to be informed has signed the arrest memo
as a witness this is not required.
4.
Where the friend or relative of the person arrested lives outside the district,
the time and place of arrest and venue of custody must be notified by police
within 8 to 12 hours after arrest. This should be done by a telegram through
the District Legal Aid Authority and the concerned police station.
5.
The person arrested should be told of the right to have someone informed of the
arrest, as soon as the arrest or detention is made.
6.
An entry must be made in the diary at the place of detention about the arrest, the
name of the person informed and the name and particulars of the police officers
in whose custody the person arrested is.
7.
The person being arrested can request a physical examination at the time of arrest.
Minor and major injuries if any should be recorded. The "Inspection Memo"
should be signed by the person arrested as well as the arresting police officer.
A copy of this memo must be given to the person arrested.
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8.
The person arrested must have a medical examination by a qualified doctor every
48 hours during detention. This should be done by a doctor who is on the panel,
which must be constituted by the Director of Health Services of every State.
9.
Copies of all documents including the arrest memo have to be sent to the Area Magistrate for his record.
10.
The person arrested has a right to meet a lawyer during the interrogation, although
not for the whole time.
11.
There should be a police control room in every District and State headquarters where
information regarding the arrest and the place of custody of the person arrested
must be sent by the arresting officer. This must be done within 12 hours of the
arrest.
The control room should prominently display the information on a noticeboard.
These
requirements were issued to the Director-General of Police and the Home
Secretary of every State. They were obliged to circulate the requirements to
every police station under their charge. Every police station in the country
had to display these guidelines prominently. The judgment also encouraged that the
requirements be broadcast through radio and television and pamphlets in local
languages be distributed to spread awareness.
The following requirements are in addition to other rights and rules, such as:
• The right to be informed at the time of arrest of the offense for which a person is being arrested.
• The right to be presented before a magistrate within 24 hours of the arrest.
• The right not to be ill-treated or tortured during arrest or in custody.
• Confessions made in police custody cannot be used as evidence against the accused.
• A boy under 15 years of age and women cannot be called to the police station only for questioning.
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