Difference between revisions of "India Criminal Defense Manual - Rights of the Accused and Exceptional Circumstances"

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The accused has the right to have a person of his choosing be informed of his arrest and for that person to be told where the accused is being detained. The opportunity to advise this person of the arrest should be afforded to the accused upon arriving at the police station and shall be communicated by the arresting officer to the person nominated by the accused.<ref>Section 50A of the Criminal Procedure Code</ref>
 
The accused has the right to have a person of his choosing be informed of his arrest and for that person to be told where the accused is being detained. The opportunity to advise this person of the arrest should be afforded to the accused upon arriving at the police station and shall be communicated by the arresting officer to the person nominated by the accused.<ref>Section 50A of the Criminal Procedure Code</ref>
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The Hon'ble Supreme Court in "D.K. Basu v. State of West Bengal<ref>D.K Basu  vs. State of West Bengal (1997) 1SCC, 416</ref> laid down the following guideline:
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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 designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.
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2 That the police officer carrying out the arrest of the arrestee 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.
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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.
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4 The time, place of arrest and venue of custody of an 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.
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5 The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
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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 and the names and particulars of the police officials in whose custody the arrestee is.
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Revision as of 11:07, 9 June 2010