Protection against arrest and detention
The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation. They cannot inflict any form of punishment on a person even for petty offences.
Article 22 (protection against arrest and detention) of the Indian constitution and criminal law guarantee to every arrested person the following Fundamental Rights:
- The Right to be informed at the time of arrest of the offence for which the person is being arrested.
- The Right to be presented before a magistrate within 24 hours of arrest.
- The Right not to be ill treated or tortured during arrest or in custody.
- A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
- The custody of a detained person cannot be beyond the said period by the authority of magistrate and cannot be extended without magistrate permission.
- Article 22 (3) says that above clause doesn't apply on following:
- To any person who for the time being is an enemy alien; or
- To any person who is arrested or detained under any law providing for preventive detention.
The first condition above is justified, because when India is in war, the citizen of the enemy country may be arrested. But the second clause was not easy to justify by the constituent assembly.
- Confessions made in police custody cannot be used as evidence against the accused.
Confessions made during police custody cannot be used as evidence against the accused?
The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and some of these include:- The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations;
- A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by at least one witness who could include a family member of the person arrested. The arrest memo should be counter-signed by the person arrested.
- The person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher.
- When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.
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