WHAT PROCEDURE NEEDS TO BE FOLLOWED DURING AN ARREST BY A POLICE OFFICER by Gauri Bandre @LEXCLIQ

Imagine one fine evening when you were enjoying dinner with your family and a police officer comes to your doorstep to arrest you. This is a nightmare that nobody wants to face in their life these are some of the necessaries that one must know while being arrested, rights that are prescribed under the criminal procedure code of 1947.

An arrest can be done based on two procedures one being with the warrant in the case of non-cognizable offence like defamation, cheating, assault, etc. and the other being without a warrant in the case of cognizable offences likes murder, theft, rape, etc. as mentioned under CrPC. In both cases, the accused has the right to know the ground of arrest as prescribed under section 50(1) of CrPC. If the in case the arrest is being conducted by a subordinate police officer then he must show an order of notice while arresting the accused under section 55 of CrPC. If he/she denies or does not show the warrant then it is to be assumed that the arrest is being conducted illegally.

The ground of arrest must be informed to the accused under section 75 of CrPC and the police must allow the accused to immediately inform his/her family or friends about the arrest and the place of detention. The accused person has a right to consult a lawyer immediately under article 22(1) and sec 50 clause (3) of CrPC. In case of a bailable offence, the police officer must inform the accused that he/she has the right to be released on bail according to section 50(2) of CrPC. No women can be arrested or taken to a police station after 6:00 pm or before 6:00 am that is after sunset or before sunrise, unless the circumstances are extraordinary. Only a female police officer can search a woman and must be done with due respect for decency and privacy. Women witnesses and children under age 15 cannot be summoned to the police station and must be questioned at home in all circumstances. After the arrest, women must be kept in a separate women’s lock-up.

During the arrest, every person has a right to remain silent under art 20(3) and mere silence won’t be presumed to be the reason for arrest or guilty of the crime. This would be followed by Police making a record, which specifies the time, and date of the arrest that must be signed by the accused, within 24hrs of the arrest he/she must be presented in front of the magistrate as per section 57. The accused has the right to be medically examined by a government doctor within 48 hours of arrest to know whether he/she has been tortured or forced to self-incriminate. If any violation of these rights or guidelines takes place then it can be reported to the Human Rights Commission or a complaint can be lodged with senior police officers of the respective jurisdiction.

It is not merely important but very much necessary to know your right as it helps in preventing any unlawful detention or misuse of power by the officials. Many victims of such acts of illegal detention are mostly unaware of their right, which is being misused by many in power. Every person under the eyes of the law is innocent until proven guilty and every accused even if proven guilty has the right to a free and speedy trial.

Leave a Reply

Courses Draft and Documents Events

Shark Tank Keto Gummies: Best Result, Ingredients, Benefits {Get 50% Off} Where To Buy?

✅Visit The Official Website To Get Your Bottle Now✅ ✅Visit The Official Website To Get More Discount Now✅ ✅Visit The Official Website To Get 50% Off Now✅   ➤Product Name – Shark Tank Keto Gummies ➤Category – Health ➤Side effects – NA ➤Sale price – Best price ➤Product Availability – Available in Stock ➤Rating -⭐⭐⭐⭐⭐ […]

Read More
Advocates Articles BARE ACTS Draft and Documents

Super Slim Keto Gummies: Reviews, Ingredients, (2022 Discount), Offers, Price, Buy Here…!

✅Visit The Official Website To Get Your Bottle Now✅ ✅Visit The Official Website To Get More Discount Now✅ ✅Visit The Official Website To Get 50% Off Now✅   ➤Product Name – Super Slim Keto Gummies ➤Category – Health ➤Side effects – NA ➤Sale price – Best price ➤Product Availability – Available in Stock ➤Rating -⭐⭐⭐⭐⭐ […]

Read More
Courses Draft and Documents Events Interns

Vita Sential ACV Gummies: Reviews, Ingredients, (Get 20% Extra Discount), Offers, Price, Buy Here…!

✅Visit The Official Website To Get Your Bottle Now✅ ✅Visit The Official Website To Get More Discount Now✅ ✅Visit The Official Website To Get 50% Off Now✅   ➤Product Name – Vita Sential ACV Gummies ➤Category – Health ➤Side effects – NA ➤Sale price – Best price ➤Product Availability – Available in Stock ➤Rating -⭐⭐⭐⭐⭐ […]

Read More