Facts in Brief

A letter was written by the Chief Executive Chairman of Legal Aid Services, West Bengal, to the Chief Justice of India, referring to certain newspaper reports alleging the mistreatment of prisoners by the police. This letter was treated as a writ petition, and notice was issued to all the State Governments seeking their views on the matter. Thereupon, the Court laid down various guidelines to be observed by the police while securing the arrest of persons.

Judgment

The Apex Court detailed eleven measures to be observed by the police when securing the arrest of an accused. These may be summarised as follows:

• The arresting or interrogating official must bear an identification badge.
• A memo of arrest must be prepared in the presence of a family member or a local person.
• The arrestee has the right to have his relative or friend informed of his arrest as soon as practicable.
• Details of the arrest must be communicated within 8 to 12 hours to the arrestee’s relative or friend, in case the arrestee lives outside the district or town of arrest.
• The arrestee must be told of his right to have someone informed soon after the arrest.
• The details of the arrest and the transmission of information to the next friend or relative must be entered in the police diary.
• If the arrestee requests an examination of bodily injuries at the time of arrest, the request must be complied with.
• The arrestee must be subjected to medical examination by a trained doctor every 48 hours during custodial detention.
• The arrestee must be permitted to meet his lawyer during investigation, though not necessarily throughout the interrogation.
• Copies of all documents seized or procured must be submitted to the Magistrate.
• The police control room of the district or the State Headquarters must notify the fact of arrest on the notice board within 12 hours from the moment of arrest.

For the Common Man

This judgment of the Supreme Court has given sufficient rights and remedies to enable a dignified existence at the time of being imprisoned. The abuse of powers by the police at the time of securing imprisonment has been significantly curtailed by this decision. The Court has, in fact, also directed that any violation of these guidelines shall be considered contempt of court and shall be dealt with accordingly.