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The arrested or detained person is entitled to inform a friend, relative
or any other person interested in her/his welfare about the arrest and
place of detention as soon as practicable. The arrested person must be
made aware of this right as soon as s/he is arrested or detained.
The arrested person may be allowed to meet her/his lawyer during
interrogation but not throughout the interrogation.
The time, place of arrest and venue of custody of the arrested person
must be notified by telegraph to next friend or relative of the arrested
person within 8-12 hours of arrest in case such person lives outside
the district or town. The information should be given through the
District Legal Aid Organisation and police station of the area
concerned.
An entry must be made in the diary at the place of detention in regard
to the arrest. The name of the friend/relative of the arrested person
who has been informed and the names of the police personnel in whose
custody, the arrested person is being kept should be entered in the
register.
The arrested person should be examined by a medical doctor at the
time of arrest if s/he so requests. All bodily injuries on the arrested
person should be recorded in the inspection memo which should be
signed by both the arrested person and the police officer making the
arrest. A copy of the memo should be provided to the arrested person.
The arrested person should be subject to a medical examination every
48 hours by a trained doctor who has been approved by the State
Health Department.
Copies of all documents relating to the arrest including the memo of
arrest should be sent to the Area Magistrate for her/his record.
A police control room should be provided at all district and state
headquarters where information regarding arrests should be
prominently displayed. The police officer making the arrest must
inform the police control room within 12 hours of the arrest.
Departmental action and contempt of court proceedings should be
initiated against those who fail to follow above-mentioned directives.
Failure to follow proper procedure while arresting and interrogating
suspects is a very serious matter.
D.K Basu’s case lays down specific guidelines that must be followed while
arresting and interrogating suspects. These guidelines are based on Code
of Criminal Procedure, 1973 [CrPC] provisions and are very much a part
of regulations laid down in police manuals and rule books. The Supreme
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Manual on Human Rights for Police Officers