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Rights regarding Arrest


The arrested person has certain rights and the police officials are under obligation to follow certain directives, a summary of which is as under;The Investigating/Detaining Police Official should bear an identification badge, describing his name and designation.
  1. The arrested person can convey through the police officials, the information of his arrest to a person/persons of his choice.
  2. If the arrested person desires, that the information is to be sent to a friend or a relative in some other district, the police is under obligation to send such information within 8-12 hours to the Legal Aid Organization and Police Station of that district for necessary action
  3. A 'Memo' is to be prepared by the Police, which is to be signed by a family member of the arrested person or some respectable person of the locality.
  4. If the arrested person so desires, his body should be examined by the police and the details should be recorded. A copy of the recorded 'Memo' should be made available to the arrested person.
  5. The Police has to maintain a diary in which the details of  the arrested person should be kept.
  6. The person under detention has a right to get himself medically examined. Anybody aggrieved by Police refusal, can approach the D.M./A.D.M. or the Judicial Magistrate for redressal. The person under detention has a right to get himself medically examined by a penal of Medical Officers, constituted by the Director (Medical Services).
  7. Memo of arrest and other relevant documents are to be sent to the Judicial Magistrate without delay.
  8. As per the provisions of law, person under detention has the right to have the services of an advocate. However, during interrogation the advocate is not allowed to be present.
  9. The Police Control Room in each district has to be informed of each detention within 12 hours by the concerned police station.
  10. If a female is arrested, she has to be extended due courtesy. She is not to be subjected to any indecent question or behavior. If a lady is victim of rape or molestation, a very high level of sensitivity and urgency has to be exhibited by the police. As far as possible, the F.I.R. of a lady is to be recorded by a lady constable or it should be recorded in the presence of a lady constable. The statement of a victim of rape or molestation has to be recorded in the presence of her relatives and she should be sent for medical examination, in the presence of atleast a male family member. If it is not possible, the victim should be accompanied by a lady constable.
  11. The children attracting the provisions of 'The Probation of First Offenders Act' should be given the treatment required under the Act. If they cannot be released from detention, they should be taken to Protection Home. They should not be kept in the Police Station or Prison. The parents and the Probation Officer should be informed of such detention without delay.
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