Arrest

Arresting an accused is the duty that the police officers are bound to exercise. But the rules state strictly against making arrests based on mere accusations or suspicions. If an officer makes arrests, it should be legitimate by the guidelines written under the court of law. The following are the vast set of instructions that is followed by the police department in NCT and similarly in each and every corner of the country of India.

• Police officers should present their legitimate identification at the time of making the arrest. The ID must contain their name and their designation. A record must be maintained of the details of the police personnel making the arrest and dealing with the interrogation of the accused. Nothing should be off the record as stated by the government of India.
• The reasons for making the arrest should be stated clearly with every detail by the very officer who made the arrest.
• The officer in-charge must make sure that no injuries, visible or otherwise, should come be inflicted upon the suspect at the time of arrest. Even in case of a forcible arrest, the minimum force needs to be applied, as applicable.
• A memo needs to be prepared by the police officer making the arrest. This memo must be signed by at least one witness (either a member of the family of the accused or a respectable member of the community), the arrested himself and the police officer who is carrying out the arrest.
• Public display or parading of the arrested should be avoided at any cost. This is done to uphold the dignity of the accused.
• Searching the accused should be done with utmost dignity and respect. No force or aggression is permitted under the court of law. The privacy of the accused needs to be taken care of. In case of women, searches should only be made by women police officers with a very strict regard to respect and decency.
• Handcuffs and leg chains should be avoided as much as possible in case of the arrest. If necessary, it should be done with strict adherence to the written rules.
• The right to information is very important in case of the family or friend of the accused, stating that he/she has been arrested, under what charges and where they are being kept detained by the police. This should be done in as much practicable manner as possible, if requested by the detained.
• It is very important to inform the detained about his rights, when he is brought to the police station.
• An entry needs to be maintained in the diary, about who all have been informed of the arrest. It should contain all the details pertaining to the arrest.
• The Supervisory Officer must be informed immediately about the arrest, including each and every detail of it.
• Even if the friends or relatives of the accused live outside of the city, it is the duty of the police to make them informed about the arrest, reason behind it and where the accused has been detained for interrogation. This must be made within the stipulated time of eight to twelve hours of making the arrest. The police can take the help of Legal Aid Organization in the district and the Police Station of the concerned area telegraphically.
• As avoidable as it can be, the police department must try not to make any arrests of women between sunset and sunrise. Every time, a lady officer must be present on site when the accused is a women.
• Any major or minor injury in the body of the arrestee must be recorded at the time of making the arrest. The inspection Memo must be signed by both the officer making the arrest and the arrestee. The arrestee must also be given a copy of the inspection memo.
• In case the accused request for medical attention, he/she must be given all the aid required. By law, a women requesting for medical help must be examined only and only by a female medical practitioner.
• At the time of release, the arrestee must be given the ‘inspection memo’ must be certified and given to the arrestee.
• If the arrestee is detained, he/she is entitled to a medical examination every 48 hours by a doctor. This doctor must be approved by the Director, Health Services of the concerned State or Union Territory. A certificate must be presented to the arrestee, at the time of release stating the existence of any injury or otherwise.

Furthermore, there are rules that state the treatment of juvenile and arrests made without warrant.

• While making an arrest, if the suspect is a juvenile or a child, police must never resort to forceful or abusive methods. If necessary, the police must associate citizens of respect to check the terror or coercion inflicted.
• When arrests are made without warrant, the accused must be informed in a language he/she understands. Also, the reasons for the arrest must be presented, in writing. If demanded, the accused should be given a copy of the reasons of making the arrest.
• The arrestee should be informed of his/her legal rights which includes consulting and getting defended by a lawyer. In case the arrestee cannot afford or wishes to, he/she is entitled to free legal aid by the state.
• The details of the arrestee and his place of interrogation must be displayed for public information at the notice boards.
• The illaqa magistrate must be informed of all the details of the arrest. He/ she is bound by the court of law to maintain a separate record of the details as provided by the police department.

Indian Police Department must adhere to each and every one of the above mentioned rules while making an arrest. These rules are written in order to protect the citizens of India from any unethical conduct, and to take care of their respect and dignity.