be appointed to carry out surprise visits to police stations to see that all
legal safeguards are being enforced.
C. Directions by the Supreme Court
1.
2.
3.
4.
5.
6.
7.
Female suspects must be kept in separate lock-ups under the
supervision of female constables.
Interrogation of females must be carried out in the presence of female
policepersons.
A person arrested without a warrant must be immediately informed
about the grounds of arrest and the right to obtain bail.
As soon as an arrest is made, the police should obtain from the arrested
person, the name of a relative or friend whom s/he would like to be
informed about the arrest. The relative or friend must then be informed
by the police.
The police must inform the nearest Legal Aid Committee as soon as
an arrest is made and the person is taken to the lock-up.
The Legal Aid Committee should take immediate steps to provide
legal assistance to the arrested person at State cost, provided such
person is willing to accept legal assistance.
The magistrate before whom an arrested person is produced shall
inquire from the arrested person whether s/he has any complaints
against torture and maltreatment in police custody. The magistrate
shall also inform such person of her/his right to be medically examined.
Women in custody are particularly vulnerable to physical and sexual abuse.
Courts take a very serious view of complaints regarding custodial rape or
harassment. Of late, the National and State Human Rights Commissions
and the Womens’ Commission are also playing an increasingly proactive
role to see such instances do not go unpunished. It is the duty of the officer
in-charge of a police station/post to ensure that women are not harmed
and searches of their person are carried out only by women with strict
regard to decency.
Section 54 Code of Criminal Procedure, 1973 [CrPC] confers the right to an
arrested person to get her/himself medically examined to afford evidence
to disprove the commission of an offence by her/him or establish the
commission of an offence by any other person against her/his body. The
arrested person can ask to be medically examined either at the time s/he is
produced before a magistrate or at any time during the period of detention.
78
Manual on Human Rights for Police Officers