Our Rights When Arrested-India
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 must be informed of the full particulars of the offence committed and the grounds for arrest. (Sec.50 Cr. P.C. & Art 22 (1) - Constitution of India)
All persons arrested / detained must be served a custody memo as per Supreme Court directions in D.K. Basu Vs State of West Bengal.
Persons arrested cannot be detained for more than 24 hours in Police Custody (Sec.56/57 Cr.P.C. & Art 22 (2) Constitution of India.
An Accused person is entitled to a copy, free of cost, of the Police Final Report, First Information Report (FIR), statements of all persons whom prosecution proposes to examine as its witnesses (Sec 207, Sec. 154, Sec. 161 [3]) confessions and statements if any recorded and any other documents, relevant extracts forwarded to the magistrate.
The arrested person has a right to consult and be defended by a legal practitioner of his choice (Article 22 (1) of the Constitution of India).
If the arrested person is poor, he can get free Legal Assistance from the Legal Services Authority (Art 39 A Constitution of India).
The person arrested, has a right to be examined by a registered medical practitioner (Sec.54) to disprove, the commission of Offence or to prove the ill-treatment of the police or any other suitable reason. (S.54 Cr. P.C).
In the case of a woman the medical examination has to be made only by a female registered medical practitioner.
Police are empowered by Sec.41, 42, 151 and 432 (3) of Cr.P.C. to arrest without a warrant.
Arrest should not be made on mere suspicion (145 Cr. P.C).
The arrested person is entitled for compensation for groundless arrest / illegal detention.
The registering of the FIR is not a condition precedent to grant anticipatory bail.
(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 must be informed of the full particulars of the offence committed and the grounds for arrest. (Sec.50 Cr. P.C. & Art 22 (1) - Constitution of India)
All persons arrested / detained must be served a custody memo as per Supreme Court directions in D.K. Basu Vs State of West Bengal.
Persons arrested cannot be detained for more than 24 hours in Police Custody (Sec.56/57 Cr.P.C. & Art 22 (2) Constitution of India.
An Accused person is entitled to a copy, free of cost, of the Police Final Report, First Information Report (FIR), statements of all persons whom prosecution proposes to examine as its witnesses (Sec 207, Sec. 154, Sec. 161 [3]) confessions and statements if any recorded and any other documents, relevant extracts forwarded to the magistrate.
The arrested person has a right to consult and be defended by a legal practitioner of his choice (Article 22 (1) of the Constitution of India).
If the arrested person is poor, he can get free Legal Assistance from the Legal Services Authority (Art 39 A Constitution of India).
The person arrested, has a right to be examined by a registered medical practitioner (Sec.54) to disprove, the commission of Offence or to prove the ill-treatment of the police or any other suitable reason. (S.54 Cr. P.C).
In the case of a woman the medical examination has to be made only by a female registered medical practitioner.
Police are empowered by Sec.41, 42, 151 and 432 (3) of Cr.P.C. to arrest without a warrant.
Arrest should not be made on mere suspicion (145 Cr. P.C).
The arrested person is entitled for compensation for groundless arrest / illegal detention.
The registering of the FIR is not a condition precedent to grant anticipatory bail.