OUR RIGHTS WHEN EVER ARRESTED as well as IN LAW ENFORCEMENT OFFICIALS CUSTODY
(3 Poster Series)
Exploration by virtually any police officer of any men below 15 years or any woman may be made only at the host to residence (Sec. 160 Cr. P. C)
Individuals arrested has to be informed of the full particulars of the offence fully commited and the reasons for police arrest. (Sec. 60 Cr. P. C. & Art twenty-two (1) -- Constitution of India)
Most persons arrested / held must be served a custody memo as per Supreme Court directions in D. E. Basu Versus State of West Bengal.
Persons arrested cannot be held for more than one day in Law enforcement officials Custody (Sec. 56/57 Cr. P. C. & Skill 22 (2) Constitution of India.
An Accused person is qualified for a copy, cost free, of the Law enforcement Final Record, First Information Report (FIR), statements coming from all persons who prosecution suggests to examine as its witnesses (Sec 207, Securities and exchange commission's. 154, Sec. 161 ) confessions and statements if perhaps any recorded and any other documents, relevant extracts forwarded to the justice of the peace.
The caught person has a right to consult and be defended by a legal practitioner of his decision (Article twenty-two (1) with the Constitution of India).
In case the arrested person is poor, he can get absolutely Legal The help of the Legal Services Power (Art 39 A Metabolic rate of India).
The person imprisoned, has a directly to be reviewed by a listed medical practitioner (Sec. 54) to disprove, the commission of Offence or to prove the ill-treatment of the police or any type of other appropriate reason. (S. 54 Cr. P. C).
In the case of women the medical examination needs to be made just by a woman registered doctor.
Police happen to be empowered simply by Sec. 41, 42, 151 and 432 (3) of Cr. S. C. to arrest with out a warrant.
Detain should not be produced on pure suspicion (145 Cr. P. C).
The arrested person is permitted for payment for ungrounded arrest / illegal detention.
The registering of the FIR is not a condition precedent to offer anticipatory pacte.
Warrant of arrest needs to be in writing and signed by Presiding expert of the courtroom with seal. Substance with the warrant needs to be shown or perhaps intimated for the person to be arrested.
Guardianship includes surrender of accused before the court docket and syndication to guidelines.
A Justice of the peace may purchase for the remand from the arrested person to police custody u/s 167 (3) of the Crystal reports. P. C. The Magistrate should be totally satisfied that there is good ground to remand the offender to law enforcement custody.
If the person can be released on bail this individual cannot be remanded to authorities custody.
When ever remand to police custody of the children is approved (subject to Supreme Court orders in D. K. Basu).
My spouse and i. the accused in law enforcement custody may be kept in police lock - up.
II. can be taken to anyplace for functions of exploration within this period.
III. can be kept from anywhere for uses of research within this period.
there should be an access in the Daily Diary (i. e. Standard Diary) once accused is definitely taken out of police lock-up or perhaps readmitted;
if the accused is catagorized ill in police lock-up, he must be provided with medical aid or treatment admitted for in a clinic.
if an accused dies in police custody, officer -- in - charge shall immediately notify the nearest Executive Magistrate energized to hold inquests, for analysis u/s 176 Cr. P. C. and intimated to the National Human Rights Percentage within twenty four hours.
detention of accused for longer than one day when not made for remand and over and above period of remand without purchases of Justice of the peace is unlawful and Officer is liable u/s 342 IPC and u/s 29 with the Police Take action.
Accused might engage a counsel during proceedings of remand and accused may well raise a great objection the fact that police is definitely not qualified for custody.
Person falsely accused of a bailable offence provides right to become released in bail. It is the duty from the police officer incharge to romantic this. Bail not Prison is the Regulation of Regulation.
An charged person...