Pradesh and other (JT 1994(3) SC 423), wherein it was laid down that an arrested
person being held in custody is entitled, if he so requests, to have a friend, a relative
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to be informed that he has been arrested and told of where he has been detained. The
Commission believes that follow-up in this respect is of great importance as, too often,
those who have been arrested are denied such consideration, The Commission
assumes, as well, that appropriate instructions would have been issued by now by
the Central Government on its earlier recommendation stressing the importance of
observing the UN Body of Principles for the Protection of All Persons under Any
Form of Detention and Imprisonment, and the UN Standard Minimum Rules for the
Treatment of Prisoners.
3.36 The Commission greatly welcomes the detailed instructions of the Supreme
Court in the case of D.K. Basu us State of West Bengal (Writ Petition CRL No.539
of 1986) setting out the procedures td be followed by the police in cases of arrest or
detention. These requirements, inter alia, are:
Police personnel carrying out arrests and handling the interrogation of an
arrestee must wear accurate, visible and clear identification and name tags
giving their designations. The particulars of all such personnel who handle
interrogations must be recorded in a register.
+
*
The police officer carrying out the arrest must prepare a memo of arrest at
the time of arrest; this memo must be attested by a witness who may be
either a member of the family of the arrestee or a responsible person of the
locality from where the arrest has been made.
*
The person arrested or detained shall be entitled to have a friend, a relative
or other person known to him, or having an interest in his welfare informed,
as soon as practicable.
*
The arrestee should, when he so requests, be medically examined at the
time of arrest and major injuries, if any are present on his or her body, must
be recorded in a memo. The inspection memo should be signed both by
the arrestee and by the police officer concerned, and a copy should be given
to the arrestee.
*
The arrested person should undergo a medical examination by a trained