and such period shall not, in the absence of a special order of a Magistrate
under section 167, exceed twenty four hours exclusive of the time necessary
for the journey from the place of arrest to the Magistrate’s court.
The SC guidelines on Arrest and the National Human Rights Commission’s
Guidelines on Arrest are contained in the Chapter 2 and 3 respectively.
C. Basic rules to ensure Custodial Justice 1.
Everyone is entitled to equal protection of the law, without
discrimination on any ground and especially against violence or threat.
2.
The police officers should be especially vigilant to protect potentially
vulnerable groups, such as children, the elderly, women, refugees,
displaced persons and members of minority groups.
3.
To treat all detainees in custody or under detention with compassion
and respect, and in particular protect their safety and privacy.
4.
Not to arrest a person, unless there are legal grounds to do so, and to
ensure that the arrest is carried out in accordance with the procedure
established by law.
5.
To ensure that all detainees have access promptly after arrest to their
family and legal representative and to any necessary medical
assistance.
6.
To ensure that all detainees are treated humanely.
7.
Not to carry out, order or cover up extrajudicial executions or
disappearances in any circumstances or under pressure.
D. Review
Detention is the most basic deprivation of a person’s freedom. It is a
limitation of a person’s liberty by the exercise of police control over his
movements. Human rights abuses take place in police custody despite the
fact that the treatment of persons in detention is sought to be very closely
regulated under both international law and domestic law. The weaker
sections of society are generally the target groups in such cases. They neither
have the awareness, resources and connections to save themselves. A shift
in the mindset of the police and following the rules of custodial justice
would go a long way in protecting the human rights of masses.
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Manual on Human Rights for Police Officers