What do you mean by arrest ? Describe the procedure to
be followed after the arrest ? what are the rights available to an arrested
person?
Arrest :
The term ARREST means a curtailment of personal liberty , for
legal purpose , Arrest means preventing a person from having free movement by
applying the authority under law . As per Legal Dictionary “ ARREST “
Means a seizure or forcible restraint ; an exercise of the power to deprive a
person of his or her liberty ; the taking or keeping of a person in custody by
legal authority , especially , in response to a criminal charge. “
Procedure of Arrest :
Every Police officer while making an arrest shall :-
1 )
Bear an accurate , visible and clear identification of his name which will
facilitate easy identification ;
2)
Prepare a memorandum of arrest which
shall be:-
a)
Attested by at least one witness , who
is a member of the family of the person arrest or
a respectable member of the locality where the arrest is made;
b)
Countersigned by the person arrested ; and
3)
Inform the person arrested , unless the memorandum is attested by a member of
his family, that he has a right to have a relative or a friend named by him to
be informed of his arrest.
The rights of Arrested person :
Article 22 of the Constitution provide certain fundamental
rights for the arrested persons :-
·
Right
to know the grounds of his / her arrest
·
Right
to consult the lawyer of his choice
·
Right
to be defendant through a counsel
·
Right
to be produced before the magistrate within 24 hours of arrest
·
Right
not to be detained beyond 24 hours
·
Right
to a corresponding duty of the police officer to procure a direction from the
Magistrate if the detention is needed beyond 24 hours. In a JUDGEMENT the Supreme
Court of India recognised some more rights of an arrested person under Article
21 and 22(2) of the Constitution of India .
·
Right
to communicate the information of arrest to a friend , relative or well wisher.
·
Right
to consult a lawyer.
·
Right
t be informed about his right to seek information to relative friends , well
wisher through the police.
Arrest a person without warrant :
Section 41,42, 151 of Cr. P. C. and a police officer
may arrest without warrant u/s 41 Cr.P.C. in the following condition :-
·
Who
has been concerned in any cognizable offence.
·
Who
has in possession , without, lawful excuse, of any house breaking weapon
·
Who
has been proclaimed as an offender either under Cr.p.c or by order of the State
Government.
·
Who
is in possession of any stolen property.
·
Who
obstructs a police officer while in the execution of his duty or who has
escaped , or attempts to escape , from lawful custody.
·
Who
is reasonably suspected of being a deserter from any of the Armed forces of the
Union.
·
Who
has been concerned in any law relating to extradition.
·
Who
, being a released convict commits a breach of any rule made under sub-section
5 of section 356 Cr. P.C (1) for whose arrest any requisition has been received
fom another police officer specifying the person to be arrested and the offence
and other cause for which the arrest is to be made.
IF THE POLICE REFUSE TO RECIVED F.I.R
:-
If you are reporting a cognizable
crime and the police refuse to register your FIR , you can make a complaint to
a higher ranking officer such as the Superintendent of police (SP), The Deputy
Inspector General (DIG) or The Inspector General of Police (IGP).
You can also complaint to the nearest
judicial magistrate , who will order the police to register the FIR if deemed
necessary . Ensure that You get a receipt of your complaint being registered.
You can also …..
·
Send
your complaint in writing to the Superintendent of Police (SP) by registered post.
·
Make
a written complaint to the concerned state human rights the police are doing
their duty of enforcing the law or that they are being negligent , biased or
corrupt.
You can file an online complaint ,
find relevant information and also get the contract details of each state’s own
Human Rights Commission .
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