Freedom of life and liberty is a basic human right recognized as a fundamental right under Article 21 of the Indian Constitution. When a person has to be arrested for any crime he is accused of, his rights to dignity and right against torture must be protected. In the case of D K Basu v State of West Bengal,1997 SCC and the guidelines laid down by the national commission on human rights, various guidelines have been laid down to protect any custodial violence as well as to protect the dignity of the person to be arrested and to prevent the violation of any human rights. The various rights of the person to be arrested and the procedure to be followed by the arresting person are as follows:
- the police personel making the arrest should carry clear, identifiable name tags and accurate visible tags carrying his designation
- the police personel carrying out the arrest must carry a arrest warrant or in its absence should inform the person to be arrested about the grounds of his arrest in the language that the person to be arrested understands.
- use of force should be avoided at the time of arrest and the dignity of the person to be arrested should be maintained.
- the person or the property if the person to be arrested should be searched without using any force or aggression.
- use of handcuffs and legchains must be avoided and the person to be arrested should be taken with dignity.
- in case the arrest is to be made of a woman, female police personel should be present to search and arrest. Moreover a woman cannot be arrested between sundown and sunrise.
- the person arrested has a right to inform his near relative or friend about the time and place of arrest. The time and place if arrest and the place of interrogation should be informed to the friend or relative.
- the person arrested should be made aware of his right to consult a lawyer and to have the lawyer with him during the interrogation. He should be made aware that he has a right to legal counsel at state expense if he cannot afford one.
- entry about the arrest including date, time and place should be made in the police diary and any minor or major injuries should be noted in it.
- the person arrested should get a medical check up done within 48 hours of his arrest and if the person is in police remand by order of a court, he should be subjected to medical checkup every 48 hours.
- copies of all documents must be sent to the nearest magistrate and the person arrested should be produced before the nearest court within 24 hours of arrest.
- police control room must be provided with all information regarding the arrest.
- interrogation should be conducted at a clearly identifiable place which must be informed to the relative or friend of the arrested person and he should have his lawyer present during the interrogation.
- methods of interrogation should be consistent with the recognized rights of life, dignity and liberty and the right against torture.
The freedom of a person is a paramount right and the same should be protected at all accounts. When a person is arrested and his liberty is taken away by due process of law, he should vw accorded all rights to protect himself and keep his dignity intact. He cannot be subjected to custodial violence or any other form of infringement of his basic human rights.
- the police personel making the arrest should carry clear, identifiable name tags and accurate visible tags carrying his designation
- the police personel carrying out the arrest must carry a arrest warrant or in its absence should inform the person to be arrested about the grounds of his arrest in the language that the person to be arrested understands.
- use of force should be avoided at the time of arrest and the dignity of the person to be arrested should be maintained.
- the person or the property if the person to be arrested should be searched without using any force or aggression.
- use of handcuffs and legchains must be avoided and the person to be arrested should be taken with dignity.
- in case the arrest is to be made of a woman, female police personel should be present to search and arrest. Moreover a woman cannot be arrested between sundown and sunrise.
- the person arrested has a right to inform his near relative or friend about the time and place of arrest. The time and place if arrest and the place of interrogation should be informed to the friend or relative.
- the person arrested should be made aware of his right to consult a lawyer and to have the lawyer with him during the interrogation. He should be made aware that he has a right to legal counsel at state expense if he cannot afford one.
- entry about the arrest including date, time and place should be made in the police diary and any minor or major injuries should be noted in it.
- the person arrested should get a medical check up done within 48 hours of his arrest and if the person is in police remand by order of a court, he should be subjected to medical checkup every 48 hours.
- copies of all documents must be sent to the nearest magistrate and the person arrested should be produced before the nearest court within 24 hours of arrest.
- police control room must be provided with all information regarding the arrest.
- interrogation should be conducted at a clearly identifiable place which must be informed to the relative or friend of the arrested person and he should have his lawyer present during the interrogation.
- methods of interrogation should be consistent with the recognized rights of life, dignity and liberty and the right against torture.
The freedom of a person is a paramount right and the same should be protected at all accounts. When a person is arrested and his liberty is taken away by due process of law, he should vw accorded all rights to protect himself and keep his dignity intact. He cannot be subjected to custodial violence or any other form of infringement of his basic human rights.
