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Arrest, Crime, Duties of Police, Fake Cases, Government, Human Rights, Law, politics, research, Responsibilities, Rights, System
What you will do when police arrest you? My parents faced such situation when my wife filed fake cases on me and my twelve innocent family members. In this article I am writing rights of arrested person and duties of police in arresting process.
When Police May Arrest Without Warrant?
Under Code of Criminal Procedure 1973 (CrPC) Section 41 police may arrest person under following circumstances
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if person commits cognizable offence in presence of police officer,
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against whom complain is registered or credible information is received,
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police has reasonable suspicion that he has committed a cognizable offence which is punishable up to seven years of imprisonment, subject to condition police has received such complain and police is satisfied that such arrest is necessary to prevent him from committing any further offence or for proper investigation of offence,
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to prevent accused from tempering evidences,
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to prevent accused from giving threat to a person who is witness to crime,
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who is proclaimed as offender by state government,
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a stolen item is found under his possession,
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who obstruct police in performing his duty,
Duties and Guidelines for Police while Arresting
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According to Section 41A of CrPC, police officer has to issue notice of appearance if person is not required to be arrested under section 41. Person is duty bound to comply with the notice, shall be arrested if not comply with notice.
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According to Section 41B following are duties of police officer
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police should bear an accurate, visible, and clear identification of his name,
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police should prepare memorandum of arrest which shall be attested by either one family member or a respectable member of the locality where the arrest is made.
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Arrest should be countersigned by accused,
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any one relative has right to know he is arrested,
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According to Section 50 of CrPC, police officer should inform accused why he is arrested. If it is bailable offence, police may inform arrested person that he is entitled to be released on bail.
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According to Section 50A or CrPC, police should inform where arrested person is taken to arrested person’s friend, relative or any person nominated by arrested person. Who is informed should be noted down in a book maintained by state government (it is called as station diary).
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According to Section 51 of CrPC, police is duty bound to collect articles in possession of arrested person and keep in safe custody. A receipt of such shall be shown to arrested person. A female must be searched by woman police inspector.
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According to Section 52 of CrPC, police has power to seize weapon possessed by arrested person.
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According to Section 53 of CrPC, police officer may get arrested person examined from registered medical practitioner. Female shall be examined by registered woman medical practitioner.
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According to Section 55A, arresting person is duty bound to take care of the health and safety of arrested person.
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According to Section 56, police officer immediately take arrested person to Magistrate or in charge of police station under whose jurisdiction offence is committed.
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According to Section 58, officer in charge of police station shall report to District Magistrate cases of all persons arrested without warrant.
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According to Section 59, police should not release arrested person unless bond, bail, or order by Magistrate.
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According to Section 60A, arrest has to be made strictly according to the CrPC.
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Arresting guidelines for police are given in Section 46 of CrPC
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Police may touch or confine the body of perosn while making arrest if accused isn’t cooperating.
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Woman can’t be arrested after sunset or sunrise except woman police officer has taken permission from magistrate.
Rights of Arrested Person
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According to Article 22 of Constitution of India, arrested person should be given information why he is arrested. Arrested person should produce to Magistrate within twenty four hours of such arrest.
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According to Section 41D of CrPC, arrested person has right to meet advocate of his choice during interrogation.
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According to Section 44 of CrPC, magistrate may order to arrest a person if that person has committed offence in his presence.
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According to Section 45 of CrPC, police shall not arrest member of armed forces of union.
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According to Section 49 of CrPC, police should not unnecessarily restrain accused.
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According to Section 57, in case of without warrant, police officer shall not keep arrested person in custody for more than twenty four hours before bringing him to Magistrate.
Responsibilities of State Government?
According to Section 41C of CrPC
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state government shall establish a police control room in every district in state
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name of arrested person and arresting officer shall be displayed on notice board placed outside control room,
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control room shall regularly collect details about arrested person nature of offence for information of general public.