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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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