1.
You will be given
a printed receipt when you submit a petition in person at any police station.
It will not be possible to acknowledge petitions sent by post.
2.
You are entitled
to make periodical enquires at the police station regarding the action taken on
your petition after a reasonable time. Although, all efforts are made to attend
to every petition as early as possible, expecting instant justice is neither
practicable nor desirable.
3.
If a FIR is
registered on the basis of your petition you will be given a copy of the FIR.
4.
If the FIR is not
registered, you will be informed as to why it has not been found proper to
register it.
5.
In strict legal
terms, petition enquiry is not the job of the police particularly when it
relates to matter that do not have a reasonable bearing upon the occurrence or
the likelihood of the occurrence of a cognizable offence or a law and
order/public order problem. If police has been attending to such matters, it
should be regarded as a consequence of a historical compulsion. As such, it
falls within the realm of social service. It means that disposal of petitions
at the level of police stations must be regarded as a socially acceptable and,
above all, expedient solution to such problems of the citizens for which they
think that, due to various reasons, the police would be able to provide them a
reasonable degree of succor without the hassle of their going through the
stipulated channels and departments. Such a disposal should not be regarded as
a substitute for a judicial remedy. If one does not have faith in the system,
he is at liberty to get his grievances redressed through the prescribed
channels and departments. Therefore, those petitioners and counter petitioners
who affix their signatures in the petitions register are not expected to
question either the integrity or the motives of the police in having arrived at
a certain solution.
6.
When a citizen is
arrested, he should expect that the police personnel carrying out the arrest
and handling the interrogation of the arrestee will bear accurate, visible and
clear identification and name tags with their designations.
7.
When citizens are
arrested the procedure provides for the preparation of a memo of arrest at the
time of arrest and that such memo will 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 will also be countersigned by
the arrestee and will contain the time and date of arrest.
8.
A person who has
been arrested or detained and is being held in custody in a police station or
interrogation 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 or
arrest is himself such a friend or a relative of the arrestee.
9.
If the next
friend or relative of the arrestee lives outside the district or town, then the
time, place of the arrest and venue of the custody of the arrestee is expected
to be notified by the police to the concerned through the Legal Aid
Organization in the district and the police station of the area concerned
telegraphically within a period of 8 to 12 hours after the arrest.
10.
The arrestee, if
he so requests, is entitled to be examined at the time of his arrest. Any major
and minor injuries, if any present on his body will be recorded at that time.
This “Inspection Memo” will be signed both by the arrestee and police officer
effecting the arrest and its copy provided to the arrestee.
11.
The arrestees are
entitled to be subjected to medical examination by a qualified doctor every 48
hours during their detention in custody.
12.
The arrestees may
be permitted to meet their lawyers during the interrogation, though not
throughout the interrogation.
13.
Whenever a woman
is to be arrested, a woman police officer should, as far as possible, be a
member of the arresting party. The arrest of women between sunset and sunrise
is to be avoided.
14.
When the arrest is
for a bailable offence, the arrested person is entitled to be released on bail
and he may arrange for sureties on his behalf.
15.
If a person
resists arrest, the police officer can use as much force as is necessary to
effect the arrest. The force used must be proportionate to the actual
requirement. No arrested person shall be subjected to more restraint than is
necessary to prevent his escape.
16.
Arrested persons
are liable to be searched. Search of a female is to be done by another female.
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