beatings should be administered under any circumstances. Police
Officers may for this purpose, associate respectable citizens so that
the children or juveniles are not terrorised and minimal coercion is
used.
•
Where the arrest is without a warrant, the person arrested has to be
immediately informed of the grounds of arrest in a language which
he or she understands. Again, for this purpose, the police, if necessary
may take the help of respectable citizens. These grounds must have
already been recorded in writing in police records. The person
arrested should be shown the written reasons as well and also given a
copy on demand. (S.50(1) Cr. PC.)
•
The arrested person can, on a request made by him or her, demand
that a friend, relative or other person known to him be informed of
the fact of his arrest and the place of his detention. The police should
record in a register the name of the person so informed. [Joginder
Kumar's case (supra)].
•
If a person is arrested for a bailable offence, the police officer should
inform him of his entitlement to be released on bail so that he may
arrange for sureties. (S. 50(2) Cr. PC.)
•
Apart from informing the person arrested of the above rights, the
police should also inform him of his rights to consult and be defended
by a lawyer of his choice. He should also be informed that he is entitled
to free legal aid at state expense [D.K. Basu's case (1997) 1 SCC]
•
When the person arrested is brought to the police station, he should,
if he makes a request in this regard, be given prompt medical
assistance. He must be informed of this right. Where the police officer
finds that the arrested person is in a condition where he is unable to
make such request but is in need of medical help, he should promptly
arrange for the same. This must also be recorded contemporaneously
in a register. The female requesting for medical help should be
examined only by a female registered medical practitioner. (S.53 Cr.
P.C.)
•
Information regarding the arrest and the place of detention should
be communicated by the police officer effecting the arrest without
any delay to the police control Room and District / State Headquarters.
There must be a monitoring mechanism working round the clock.
•
As soon as the person is arrested, police officer effecting the arrest
shall make a mention of the existence or non-existence of any injury
(s) on the person of the arrestee in the register of arrest. If any injuries
90
Manual on Human Rights for Police Officers