Ans :







What are the obligations of a Police Officer on arrest

The following are the rights of an arrested person:

To inform the arrested person of the grounds of arrest (Art.22 of the Constitution & Sec.50 Cr.P.C.)

It is the duty of the police officer to inform the arrested person of his right to be released on bail if the offence is a bail able one; (sec.50 Cr.P.C.)

To produce the arrested person before a Magistrate without unnecessary delay and not to detain a person arrested beyond 24 hours without obtaining order of the Magistrate (sec.56 & 57 Cr.P.C.).

Not to subject the arrested person to more than the minimum restraint (e.g. handcuffs is one method of restraint).

To pass on a receipt for the articles seized to the person arrested. If the articles are weapons the police officer has to send them to the Magistrate along with the person arrested (Sec.51 & 52 Cr.P.C.).

The Police Officer is to inform the District Magistrate of all arrests made without warrants (sec.58 Cr.P.C.)

A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be reasonable justification in the opinion of the officer effecting arrest that such an arrest is necessary and justified. Arrest and detention in police lock up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be in a routine manner on a mere allegation of commission of an offence made against a person. No arrest should be made without reasonable satisfaction reached after some investigation as to the genuineness and bonafides of a complaint and a reasonable belief both as to the person's complicity and as to the need to effect arrest. Except in heinous offences, an arrest must be avoided if a police officer issues notice to a person to attend the station house and not to leave station without permission. For effective enforcement of the fundamental rights guaranteed under articles 21 and 22(I) of the Constitution, the Supreme Court issued the following guidelines for the police officers:

      a) An arrested person being held in custody is entitled if he desires to have one friend, relative or other person, who is known to him or likely to take an interest in his welfare, to be told as far as practicable that he has been arrested and where he is being detained.

      b) The police officer shall inform the arrested person when he is brought to the police station of this right.

      c) The entry shall be required to be made in the general diary of police station as to who was informed of the arrest. [Joginder Kumar v. State of U.P. -AIR 1994 SC 1349].

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