by the High Court may allow for a remand up to seven days, which a Judicial
Magistrate may extend up to not more than fifteen days in total.
In cases involving punishment of more than ten years; the charge sheet
has to be submitted within a period of sixty days by the prosecuting agency.
If it appears to the Magistrate by whom the case is heard that there was no
sufficient ground for causing an arrest, the Magistrate may award such
compensation, not exceeding one thousand rupees, to be paid by the person
so causing the arrest to the person so arrested, for his loss of time and
expenses in the matter, as the Magistrate thinks fit. Criminal charges may
also be filed on the police for wrongful confinement. This is an implication
of Section 41 of the Cr. PC wherein it is clearly stated that a person cannot
be arrested without warrant, unless there is a reasonable satisfaction, on
the basis of investigation done, about the person’s involvement in a
cognizable offence and there is a need to affect his/her arrest.
F. Review
Investigation and detection of crime are very important elements in solving
crime. The focus of any investigation therefore should be on discovering
the truth and keeping in mind that the suspect is presumed innocent
until proven guilty. The focus should therefore be on the facts and not the
person. Police should always ensure that they respect and protect the basic
human rights of every person, including the accused, during the
investigation process. For example, during investigations, interrogation
of suspects, personal searches, searches of vehicles and premises, and the
interception of correspondence and communications.
Police Officers must refrain from any action that can be interpreted as
aiming to extract a statement from an arrested or accused person which
therefore cannot be said to have been given of his or her free will. They
must not rely on confessions as primary evidence to solve crime, because
it has been established that torture or pressure on the suspect to compel
him or her to testify can result in a false confession, given by the suspect
in order to prevent further torture or pressure. Also, the officers need to
be vigilant about the fact that the phenomenon of false confessions is not
limited to situations where people have been subjected to torture or illtreatment. There have been instances wherein individuals tend to confess
to crimes they did not commit, often for complex personal and
psychological reasons.
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Manual on Human Rights for Police Officers