The preventive arrests are some times done in accordance with political
directives, especially during situations like emergency or elections. In all
such cases, the human rights of individuals and groups become a casuality.
B. The Law says The Constitution of India
Article 22 - Protection against arrest and detention in certain cases (1) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall
he be denied the right to consult, and to be defended by, a legal
practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twentyfour hours of such arrest excluding the time necessary for the journey
from the place of arrest to the court of the magistrate and no such
person shall be detained in custody beyond the said period without
the authority of a magistrate.
The Criminal Procedure Code
Section 50
Person arrested to be informed of grounds of arrest and of right
to bail.
Every police officer or other person arresting any person without warrant
shall forthwith communicate to him full particulars of the offence for which
he is arrested or other grounds for such arrest.
Section 50 A
Obligation of person making arrest to inform about the arrest, etc., to a
nominated person. –
(1) Every police officer or other person making any arrest under this Code
shall forthwith give the information regarding such arrest and place
where the arrested person is being held to any of his friends, relatives
or such other persons as may be disclosed or nominated by the arrested
person for the purpose of giving such information.
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Manual on Human Rights for Police Officers