Tuesday, September 1, 2009



Individual citizens in the event of arrest by the police have the right

Ø To be informed of the ground of arrest
Ø To inform a relative or friend
Ø To have a lawyer of his/her choice present
Ø To know the identity of the police personnel effecting the arrest
Ø To be examined by a medical practitioner.


Ø Women witnesses will only be examined at their residence. In the case of women accused they will be questioned only in the presence of women police.

Ø Children accused of any offence will be dealt with according to the provisions of the Juvenile Justice Act. They will not be held in custody along with adult offenders, and in the event of being convicted for an offence for the first time will be released on probati

Rights on Arrest according to supreme court, constitution of India 1950,and Human rights act 1993

Persons, who are arrested, have certain rights - both at the time of arrest and immediately thereafter which are inherent in Articles 21 and 22(1) of the Constitution. The Supreme Court has observed in several decisions that these rights are to be recognised and scrupulously protected. These rights are:

Ø Police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

Ø That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.

Ø A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

Ø The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

Ø The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
Ø As entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.

Ø The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present of his/her body, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

Ø The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services should prepare such a panel for all Tahsils and districts as well.

Ø Copies of all the documents including the memo of arrest, referred to above, should be sent to the jurisdictional Magistrate for his record.
Ø The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

Ø A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and the police control room it should be displayed on a conspicuous notice board.

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