30 December, 2016


The police are routinely violating the Supreme Court’s 1997 directives under D.K. Basu v. West Bengal, now incorporated into the Code of Criminal Procedure, which require officers to identify themselves clearly when making an arrest; prepare a memo of arrest with the date and time of arrest that is signed by an independent witness and countersigned by the arrested person; and ensure that next of kin are informed of the arrest and the place of detention.
The rules require those arrested to be medically examined after being taken into custody, w#ith the doctor listing any pre-existing injuries – any new injuries will point to police abuse in custody. Another important check on police abuse is the requirement that every arrested person is produced before a magistrate within 24 hours. The magistrates have a duty to prevent overreach of police powers by inspecting arrest.

- Please cite a concise URL to download such rights, print and publish these cogently
- What are our remedies if the Police still violate these rights? [For instance if they come to take my custody, without producing a warrant of arrest, can I refuse to accompany them? Can they legally use force?]
- What is the position of law against use of third degree by the Police? Any brief URL for this? [Pl do not cite verbose, voluminous material]

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