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Posted under Civil Law Articles |
Posted By: A Rengarajan on July 13, 2008
1) The person arrested shall be informed of the grounds of arrest – Article 22 of the Constitution and Section 50 CrPc
Section 50 of the Criminal Procedure code gives a mandatory right to the person arrested. Every Police officer or other person arresting any person without warrant shall fortwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Where a police officer arrests without warrant any person other a person accused of a non-bailable offemce. He shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
2) In case the person arrested wants that the information about his arrest may be conveyed to any relation or friend of his, it shall be so conveyed.
3) In case the offence is bailable, he shall be informed that he is entitled for bail as a matter of right and may even be released on his personal bond - Section 50 CrPc
4) If he is not released on bail, he must be searched and all articles except wearing apparel must be placed in safe custody and a receipt should be issued ( section 51)
5) If the arrested person is a women, the search should be done by the woman
6) If the arrested person is in possession of any offensive weapons, they should be seized and delivered to the Court ( Section 52)
7) According to Section53, the accused may be required to undergo medical examination by two medical officers ( or two lady doctors in case the accused is a woman)
8) If the person escapes from custody, the person having custody can pursue and arrest him any where in India ( Section 60)
9) No person arrested should be detained in police custody for more than 24 hours unless there is a sufficient reason for it ( Section 57), journey period from the place of arrest to Magistrate’s Court is excluded for the purpose of computing this period of 24 hours.
10) When an officer in charge of police station instructs his subordinate to arrest a person without warrant, shall give an order in writing stating the name and address of the person to be arrested and the offence charged.
11) Every officer incharge of a police station is required to report to the District Magistrate, the cases of persons arrested with warrant and without warrant.
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