OUR RIGHTS WHEN ARRESTED / IN POLICE CUSTODY (3 Poster Series) (Poster I) Investigation

Investigation by any police officer of any male below 15 years or any woman can be made only at the place of residence (Sec.160 Cr. P.C

Arrest
Persons arrested m!st be informed of the f!ll partic!lars of the offence committed and the gro!nds for arrest. (Sec.50 Cr. P.C. " #rt $$ (1 % Constit!tion of India #ll persons arrested & detained m!st be served a custody memo as per S!preme Co!rt directions in '.(. )as! *s State of +est )engal. Persons arrested cannot be detained for more than $, ho!rs in Police C!stody (Sec.56&5- Cr.P.C. " #rt $$ ($ Constit!tion of India. #n #cc!sed person is entitled to a copy. free of cost. of the Police /inal 0eport. /irst Information 0eport (/I0 . statements of all persons whom prosec!tion proposes to e1amine as its witnesses (Sec $0-. Sec. 15,. Sec. 161 234 confessions and statements if any recorded and any other doc!ments. relevant e1tracts forwarded to the magistrate. 5he arrested person has a right to cons!lt and be defended by a legal practitioner of his choice (#rticle $$ (1 of the Constit!tion of India . If the arrested person is poor. he can get free 6egal #ssistance from the 6egal Services #!thority (#rt 37 # Constit!tion of India . 5he person arrested. has a right to be e1amined by a registered medical practitioner (Sec.5, to disprove. the commission of 8ffence or to prove the ill%treatment of the police or any other s!itable reason. (S.5, Cr. P.C . In the case of a woman the medical e1amination has to be made only by a female registered medical practitioner. Police are empowered by Sec.,1. ,$. 151 and ,3$ (3 of Cr.P.C. to arrest witho!t a warrant.

#rrest sho!ld not be made on mere s!spicion (1,5 Cr. P.C . 5he arrested person is entitled for compensation for gro!ndless arrest & illegal detention. 5he registering of the /I0 is not a condition precedent to grant anticipatory bail. +arrant of arrest sho!ld be in writing and signed by the Presiding officer of the co!rt with seal. S!bstance of the warrant sho!ld be shown or intimated to the person to be arrested.

(Poster II) Police Custody

C!stody incl!des s!rrender of acc!sed before the co!rt and s!bmissions to directions. # 9agistrate may order for the remand of the arrested person to police c!stody !&s 16- (3 of the Cr.P.C. 5he 9agistrate sho!ld be f!lly satisfied that there is good gro!nd to remand the acc!sed to police c!stody. If a person is released on bail he cannot be remanded to police c!stody. +hen remand to police c!stody is granted (s!b:ect to S!preme Co!rt orders in '.(. )as! .

I. the acc!sed in police c!stody can be ;ept in police loc; % !p. II. can be ta;en to any place for p!rposes of investigation within this period. III. can be ;ept at any place for p!rposes of investigation within this period. there sho!ld always be an entry in the 'aily 'iary (i.e. <eneral 'iary when acc!sed is ta;en o!t of police loc;%!p or readmitted= if the acc!sed falls ill in police loc;%!p. he m!st be given medical aid or treatment admitted for in a hospital. if an acc!sed dies in police c!stody. officer % in % charge shall immediately inform the nearest >1ec!tive 9agistrate empowered to hold in?!ests. for investigation !&s 1-6 Cr.P.C. and intimated to the @ational A!man 0ights Commission within $, ho!rs.

detention of acc!sed for longer than $, ho!rs when not prod!ced for remand and beyond period of remand witho!t orders of 9agistrate is illegal and Police 8fficer is liable !&s 3,$ IPC and !&s $7 of the Police #ct. #cc!sed may engage a co!nsel d!ring proceedings of remand and acc!sed may raise an ob:ection that the police is not entitled to c!stody.

Bail
Person acc!sed of a bailable offence has right to be released on bail. It is the d!ty of the police officer incharge to intimate this. )ail not Bail is the 0!le of 6aw. #n acc!sed person s!rrendering before the 9agistrate has a right to bail or demand :!dicial c!stody. 5he provision of bail to women. sic; and old age persons is given priority s!b:ect to the nat!re of the offence. 8nce the acc!sed is granted bail by invo;ing Sec. $05 Cr.P.C. he need not attend the co!rt (!nless it is a condition of bail before charegesheet is filed and process iss!ed . If no charge %sheet is filed before the e1piry of 60&70 days as the case may be. the acc!sed in c!stody has a right to be released on bail. If the arrested person is remanded to :!dicial c!stody by the 9agistrate on S!ndays or holidays. the bail application sho!ld be considered on the S!nday or the holiday itself. In non%bailable offences. the 9agistrate has the power to release on bail witho!t notice to the other side if charge sheet is not filed within a period of si1ty days.

(Poster III) SUPREME COURT JUDGEMENT ( 1996 '.(. )#SC *ers!s State of +est )engal

Requirements to be followed in all cases of arrest or detention

5he Police personnel carrying o!t the arrest and handling the interrogation sho!ld bear acc!rate. visible and clear identification. 5he partic!lar of all s!ch police personnel m!st be recorded in a register. 5hat the police officer carrying o!t the arrest of the arrestee shall prepare a memo or arrest at the time of arrest and s!ch memo shall be attested by at least one witness. # person who has been arrested or detained shall be entitled to have one friend or relative or other person ;nown to him. 5he time. place of arrest and ven!e of c!stody m!st be notified by the police where the ne1t friend or relative lives thro!gh the 6egal #id 8rganisation in the 'istrict and the police station of the area concerned telegraphically within a period of D to 1$ ho!rs after the arrest. 5he person arrested m!st be made aware of this right to have someone informed of his arrest or detention #n entry m!st be made in the diary at the place of detention regarding the arrest of the person disclosing the name of the ne1t friend and the names and partic!lars of the police officials in whose c!stody the arrestee is. 5he arrestee sho!ld be also e1amined at the time of his arrest and ma:or and minor in:!ries. if any present on his & her body. m!st be recorded at that time. the EInspection 9emoF m!st be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee. 5he arrestee sho!ld be s!b:ected to medical e1amination by a trained doctor every ,D ho!rs d!ring his detention in c!stody Copies of all the doc!ments incl!ding the memo of arrest. referred to above. sho!ld be sent to the 9agistrate for his record. 5he arrestee may be permitted to meet his lawyer d!ring interrogation.

# police control room sho!ld be provided at all district and state head?!arters. where information regarding the arrest shall be comm!nicated by the officer ca!sing the arrest. within 1$ ho!rs of effecting the arrest. Information regarding the arrest shall be comm!nicated to all district and state head?!arters by the officer ca!sing the arrest. within 1$ ho!rs of effecting the arrest. 5he re?!irements. referred to above flow from #rticles $1 and $$ (1 of the Constit!tion and NEED T BE !TRICT"# $ "" %ED&

Powers of M !istr tes

1. #ll magistrates have the d!ty to inspect any police station. prison. and
any other c!stodial instit!tion at any time. (S!preme Co!rt B!dgement in S!nil )atra *s 'elhi Prison #dministration II #I0. 17D0 SC 15-7 at PP 157D & 77.

$. # magistrate may himself arrest or order any person to arrest an

offender (Section ,, CrPC if the offence is committed in his & presence or within her local B!risdiction.

3. 5he magistrate shall on re?!est of the acc!sed order for an

e1amination by a doctor d!ring the period of detention.2 Section 5, CrPC4

,. #n acc!sed shall not be detained by a police officer for more than $,

ho!rs witho!t the order of remand by the 9agistrate.2 Section 5CrPC4

5. 8fficers incharge of the police station shall report to the 9agistrate. the
cases of all persons arrested. 2Section 5D CrPc4

6. @o person who has been arrested by a police officer shall be

discharged e1cept on his own bond. or on bail. or !nder the special order of a magistrate. 2Section 57 CrPC4

-. # magistrate can iss!e a search warrant for persons wrongf!lly

confined and direct for search and if fo!nd shall be immediately ta;en before a magistrate.2 Section 7- CrPC4

D. 5he magistrate can ma;e an order !pon a complaint with regard to

abd!ction or !nlawf!l detention of a woman or a girl child and order for an immediate restoration of s!ch woman or a girl child to their liberty. 2Section 7D CrPC4

7. # magistrate may order for maintenance of wife. children. parents and

dependents. 2Section 1$5 CrPC4

10.

# magistrate shall order for removal of !nlawf!l obstr!ction from any river. channel or other p!blic place on receipt of report from the police and recording s!ch evidence.2Section 133 CrPC4

11.

# magistrate is empowered to order investigation of any cogniGable case and direct them to file a report following which to hold an in?!iry into the same. 2Section 156 CrPC4 # magistrate may record confession or statement in the co!rse of investigation and satisfy himself that the statement is vol!ntary. 2Section 16, CrPC4 # magistrate may release an acc!sed on bail if the final report (charge sheet has not been filed by the prosec!tion before the co!rt within 60 days H 70 days (Section 16- CrPC # magistrate may inspect all police records of a case to aid in an in?!iry or trial (Section 1-$ CrPC # magistrate shall hold in?!iry when there is a do!bt regarding the ca!se of the death of a person (Section 1-, CrPC or a woman commits s!icide within seven years of her marriage. # magistrate shall in?!ire into the death of a person in police c!stody and shall record evidence and allow relatives of the deceased to remain present at the en?!iry (Section 1-6 CrPC incl!ding enforcement of the S!preme Co!rt order in '.(.)as! *s State of +est )engal regarding arrest & c!stody memo. # magistrate can ta;e cogniGance !pon receiving a complaint from any person. police report or on his own ;nowledge of an offence committed (Section 170 CrPC . #fter e1amination a magistrate of competent :!risdiction shall try and frame charges on the acc!sed in writing and shall e1plain the same to him (Section $,0 CrPC . )ased on recorded evidence. a magistrate shall discharge the acc!sed if no case is made against him (Section $,5 CrPC # magistrate shall assign a pleader thro!gh the legal aid at the e1pense of the state for defending the acc!sed who has no means to defend himself (Section 30, CrPC # magistrate shall postpone a case if he finds an acc!sed person insane. and order a doctor to e1amine him and ens!re for his safe c!stody. (Section 3$D CrPC
-

1$. 13.

1,. 15.

16.

1-.

1D.

17. $0.

$1.

$$.

# magistrate may order incl!ding the loss of time and innc!rance of loss compensation to a person arrested by a police officer witho!t s!fficient gro!nds and the same shall be collected from the complainant (Section 35D # magistrate can record dying (Section 3$ & Indian >vidence #ct declaration of a person

$3.

ome!"s R#$%ts #! Custody

I! Po&#ce Custody'''
C!stody incl!des s!rrender of acc!sed before the co!rt and s!bmissions to directions. # 9agistrate may order for the remand of the arrested person to police c!stody !&s 16- (3 of the Cr.P.C. 5he 9agistrate sho!ld be f!lly satisfied that there is good gro!nd to remand the acc!sed to police c!stody. If a person is released on bail he cannot be remanded to police c!stody. +hen remand to police c!stody is granted (s!b:ect to S!preme Co!rt orders in '.(. )as! . I. the acc!sed in police c!stody can be ;ept in police loc; % !p.

II. can be ta;en to any place for p!rposes of investigation within this period. III. can be ;ept at any place for p!rposes of investigation within this period. there sho!ld always be an entry in the 'aily 'iary (i.e. <eneral 'iary when acc!sed is ta;en o!t of police loc;%!p or readmitted= if the acc!sed falls ill in police loc;%!p. he m!st be given medical aid or treatment admitted for in a hospital. if an acc!sed dies in police c!stody. officer % in % charge shall immediately inform the nearest >1ec!tive 9agistrate empowered to hold in?!ests. for investigation !&s 1-6 Cr.P.C. and intimated to the @ational A!man 0ights Commission within $, ho!rs.

detention of acc!sed for longer than $, ho!rs when not prod!ced for remand and beyond period of remand witho!t orders of 9agistrate is illegal and Police 8fficer is liable !&s 3,$ IPC and !&s $7 of the Police #ct. #cc!sed may engage a co!nsel d!ring proceedings of remand and acc!sed may raise an ob:ection that the police is not entitled to c!stody. R#$%t to (#&e ) c)se t%rou$% t%e *ud#c#)& m)$#str)te )$)#!st t%e +o&#ce o((#cer. D#scr#m#!)t#o!, $e!der d#scr#m#!)t#o!, c)ste d#scr#m#!)t#o!, re&#$#ous d#scr#m#!)t#o!.

I! Pr#so! ''.

#s per many :!dgement of SC and Prison 9an!al Bail #!thority sho!ld be provided basic needs. li;e ade?!ate place. drin;ing water. toilet. food and medical chec;!ps. rather than these. sho!ld be provided facilities for woman special needs. @o woman sho!ld be ;ept in <eneral Prison. /or S!b%:ails and +omen Aomes only woman officials sho!ld be appointed. Sho!ld ens!re the special needs of the women before their pregnancy and after their pregnancy as per the body of principles for the protection of all persons !nder any form of detention or imprisonment.

%#&e Se-u)& ./use'.

Compliant sho!ld be filed within the nearby police station !nder Section 3-5 of IPC and this is to be done as earlier as possible. Complainer sho!ld chec; the /I0 whether it is filled according to the complaint given and a copy of the /I0 sho!ld be received from the police. *ictim sho!ld ta;e immediately to the hospital for medical chec; !p with the recognised 'octor. 'resses of the victim sho!ld be sent to medical investigation. 5ill the medical chec; !p is completed victim sho!ld not ta;e bath. change or wash the clothes. # case sho!ld be filed in the Sessions Co!rt with the help of the lawyer having the medical report. (If the crime is proved then the acc!ser sho!ld be

p!nished !nder Section 3-6 of IPC for 1, years of imprisonment or 10 years imprisonment with penalty .

I! Do0ry c)se '.

If the dowry is re?!ested then immediately complaint sho!ld be filed to the nearby police station !nder Sec , of the 'owry Prohibition #ct 1761. 5he /irst Information 0eport (copy of /I0 sho!ld be received immediately after the complaint is filed. In city areas for getting this type of complaints. separate wings were f!nctioning. +e can give o!r complaints there (In Chennai. 5hiyagaraya @agar. #dayar. 5hir!vanmiy!r. #sho; @agar. #nna @agar areas this wings are f!nctioning . In all the 'istricts Social +elfare 8fficers are appointed as 'owry Prohibition 8fficers. complaints sho!ld be given to them. # h!sband or relative of h!sband of a woman s!b:ecting her to cr!elty H filed the complaint !&s ,7D # IPC.

Do0ry De)t%s'.

+here the death of a woman is ca!sed by any b!rns or body in:!ry or occurs H within - years of her marriage H it is considered as dowry death. Immediately complaint sho!ld be filed !nder Section 30, ) of IPC to the near by police station. 0.'.8. investigation sho!ld be as;ed immediately.

Dy#!$ Dec&)r)t#o!''.

'ying 'eclaration from a person who is in serio!s condition sho!ld be collected for getting reason and the statement sho!ld be recorded. If the person is not able to spea;. we may !rge to get a statement with his hand written. #fter getting the dying declaration we m!st get the signat!re or th!mp imprison of the person.

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'ying 'eclaration can be given to the :!dicial magistrate. police officer. doctor who was given the treatment. social wor;er or any one. +hile recording the dying declaration. with $ evidence !&s 3$ of the Indian >vidence #ct.

E1e Te)s#!$ ''

If eve teasing occ!rred. we sho!ld file a complaint nearby the police station !&s , of the >ve 5easing #ct and !&s 506 ($ . 507 IPC. 0eceived the /.I.0. copy (if the crime is proved then the acc!ser sho!ld be p!nished !pto 1 years regime of imprisonment and 10 tho!sand penalty.

I( Se-u)& ./use occurred #! 0or2 +&)ce'''..

Sho!ld be constit!te one complaint all in every wor; place. Sho!ld select a woman H a leader for all. #fter receiving the complaint. all of them sho!ld be investigated and s!bmit the report (5his is applicable to all the government or private organisations SC%B!dgement H 177-.

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