INTRODUCTION An Officer-in-charge (SHO) of a police-station is empowere to in!estigate an" cogni#a$le offence $" the section %&' of Criminal rocere Coe (CrC)* SHO can also also epte his s$orinates to in!estigate the facts an circmstances of the case ner the section %&+ of Criminal rocere Coe* The in!estigating-officer can smmon an" person to the in!estigation*The pri!ileges of in!estigating-officer are gi!en in the sections %',-%+& of CrC an the restrictions on in!estigating-officers while while in!esti in!estigat gation ion of a case are pro!i pro!ie e in !ario !arioss giel gieline iness an irection irectionss pro!ie $" cort an the go!ernment from time to time which will $e iscsse in or posts later on*Toa" we will iscss a$ot the steps followe $" the in!estigating agencies ring in!estigation of a case an to mae people aware of the procere of in!estigating agencies which can help to rece the gap among the police an the general p$lic . How /irst-information-report(/IR) can $e registere 0 The complainant can register a complaint with the police in the following wa"s . 1 2" telephone 1 2" post 1 2" !isiting police-station 1 Throgh online S3S or email After recei!ing the information4 Officer-in-charge of the police-station !erifies the contents of the first-information-report (/IR) an ecies whether the contents of the information are of a cogni#a$le offence or non-cogni#a$le offence* 5hat is Cogni#a$le offence 0 Cogni#a$le Cogni#a$le case is the case in which police police registers registers an /IR in the /IR register register an in!estigates the case an can arrest withot warrant* The offence committe in a cogni# cogni#a$l a$lee case is calle calle cogni# cogni#a$l a$lee offenc offence*T e*Ther heree are two t"pes t"pes of cogni# cogni#a$le a$le offences i*e* $aila$le an non-$aila$le* 2aila$le . The offences in which police is $on to grant $ail to the accse(accse is a person who has committe some offence) are calle $aila$leoffences*The$ail is grante on proction of sret"(sret" is a person epositing propert" or sm of mone" or plege to police6cort for the release of accse) to the accse*In case of $aila$le offence4 the $ail is grante on the spot6police-station an is not proce
$efore the cort*So on7t $e confse wh" the accse has $een rele ase $" the police on the spot6police-station4 it simpl" means he mst ha!e committe an $aila$le offence which is cogni#a$le*
Non-$aila$le . The offences in which officer-in-charge of a police-station can not grant $ail to the accse e8cept ner special circmstances* The officer-in-charge of policestation is $one $" law to proce the arreste person $efore the nearest 9icial magistrate within :; hors of his arrest e8cling the time necessar" for the 9orne" from the place of arrest to the magistrate7s cort*In case of the non-$aila$le offence4 if the accse appears $efore the cort or is proce $" the police $efore the cort4 it is the pri!ilege of the cort whether to grant a $ail to the accse or not 0 If $ail is not grante4 accse is either sent to the police-csto"6reman or to the 9icial csto"6reman*
olice-reman . eople are generall" afrai of the term <olice-reman
=icial-csto"6reman . 5hen an accse appears $efore a cort or is proce $efore cort after arrest4 magistrate ecies whether the accse will $e sent to the police csto" for police reman or to the 9icial csto" for the 9icial reman or to grant him $ail*Dring police69icial csto" of the accse4 if the case is ner in!estigation4 police is sppose to complete his case within ', or >, a"s an present the case for trial in the cort*5ith the permission of the cort4in!estigation perio can $e increase from ',
or >, a"s*The officer-in-charge of police-station is is not $on to present the case in the cort within ', or >, a"s4 if accse is on $ail*Dring 9icial csto"4 accse is ept in 9icial loc-p an is proce $efore the cort after e!er" %; a"s* Difference $etween olice-loc-p an =icial-loc-p .
It is ifficlt for a common man to fin a ifference $etween police-loc-p an the 9icial-loc-p*The loc-ps which are $ilt in police-station an are maintaine $" the police epartment are calle the police-loc-ps whereas loc-ps $ilt in the 9ail comple8 are calle 9icial loc-psan are maintaine $" the 9ail athorities* Dring police csto"4 accse is in the control of the in!estigating officer an is ept in police loc-p whereas in 9icial csto"4accse in the control of the 9ail athorities an police is not athorise to interrogate the accse withot prior permission of the cort*The same accse can not $e interrogate twice ner same offence4 if he has $een sent to 9icial csto"* The ma8imm perio of csto" can $e calclate in the following wa"4if the case is ner in!estigation with the in!estigating agenc" .
olice csto"?=icial csto"@ ', or >, a"s*
5hat is a Non-cogni#a$le offence . Non-cogni#a$le offence is an offence in which police can neither register an /IR4 in!estigate nor affect arrest withot the permission of the cort*5hen sch an information is recei!e in police-station which is non cogni#a$le4 officer-in-charge of police-station enters the contents of the information in the register no* : of the policestation which is calle Dail"-iar" of the police-station an not in the register no*% which is /IR register*olice has no power to in!estigate the non-cogni#a$le offence withot the permission of the cort*
A common-man approaches the police-station with a complaint against a person or a grop of persons with a min set that after receipt of his complaint4 police will arrest the accse person an will forwar his case to the cort for trial4 withot nerstaning the ifference $etween cogni#a$le an non-cogni#a$le offences* This creates a confsion in the min an reslts in an increase in gap $etween a commonman an the police*5e will iscss more topics on procere of in!estigation4 rights
of p$lic an topics mentione in other pages*
NHRC ilines on Arrest
Arrest6etention $" the olice an NHRC .
National olice Commission (NT) e8amine the s$9ect
ielines to $e followe $efore Arrest . %) Arrest shol $e mae onl" after a reasona$le :)
satisfaction*
Arrests in cogni#a$le cases $e carrie ot onl" if accse is in!ol!e in serios
offence4 liel" to a$scon4 prone to !iolent $eha!ior or ha$ital offener* B)
5hile proceeing for arrest of accse4 police officer shol carr" photograph
of the accse or shol tae help of some person to ientif" the accse so as to a!oi wrongfl arrests* ;)
The Station Hose Officer (SHO) while epting his s$orinate for arrest of a
person shol written orer to the epte officer regaring arrest of the person* &)
After e notification4 police-officer can $rea open the oor for arrest of
accse*
ielines ring Arrest . %)
The arreste person mst $e informe a$ot the grons of arrest an his right to
to $e represente $" the law"er* :)
Use of force mst $e a!oie ring arrest4if neee minimm force mst $e
se* B)
olice officer carr"ing ot the arrest6etention mst $ear clear4 accrate an
!isi$le ientification an name tags* ;)
The particlars of the arresting officer mst $e recore in a register*
&)
5hile arresting a person a memo arrest mst mae which mst $e atteste $" at
least one witness an shol $e signe $" the arreste person* A cop" the memo $e gi!en to the arreste person*
ielines after Arrest .
%)
The arreste person mst $e proce $efore the cort
within :; hors of
arrest4 e8cling the 9orne" time from his place of arrest to the cort* :)
The reasons of arrest mst $e recore in case iar"*
B)
In case a person is arreste in $aila$le offence4 he mst $e informe a$ot his
right to $ail* ;)
The arreste person mst $e mae aware his right to inform a frien4 relati!e
or a person intereste in his welfare a$ot his arrest an place of etention as soon as practica$le* &)
An entr" mst $e mae in iar" inicating the information a$ot arreste
person an name of the person in whose csto" the arreste person is $eing ept* ')
Afrien4relati!e of the arreste person mst $e notifie $" the police a$ot
time4ate an place of arrest an csto"* If the relati!e or frien li!es otsie istrict or town4 information mst $e gi!en throgh District egal Ai Organisation an concerne police station* +)
/etters or hancffs shol not $e se as matter of rotine or for the
con!enience of escorting officer* The arreste person shol not $e hancffe nless there is clear anger of his escaping an is in!ol!e in serios offence4 is of esperate character or liel" to commit sicie* )
The reasons for hancffs mst $e recore in case iar" report an shol not
$e hancffe withot the permission of the 3agistrate* >)
Officer concting search of a person mst prepare a memo of the sei#e-
articles an shol han o!er a cop" of the memo to the arreste person* %,)
Arreste person shol $e ept onl" in the officiall" recognise places*
%%)
Care shol $e taen for safet" an well-$eing of the etaine person*roper
arrangement for his foo4shelter4clothing4 meical ser!ices an personal h"giene $e mae* %:)
5hile an accse is meicall" e8amine $" octor to get e!ience in case4 the
care shol $e taen if the accse is a woman4 she shol $e meicall" e8amine throgh a woman meical practitioner* %B)
The s$stance of the meical e8amination $e recore in station iar"* All
ma9or an minor in9ries $e note a memo an arrangements $e mae for his treatment* %;) The meical e8amination of accse person $e carrie traine octor who is in the penal of the appro!e octors of the Director4 Health Ser!ices* %&)
olice officer shol allow the arreste person to conslt a law"er of his6her
choice* aw"er can remain present ring interrogation for some time*olice ma" remain present at the time of consltation $t care shol $e taen of the pri!ac" of the arreste person* %')
No one shol $e s$9ecte to the tortre4 inhman or egraing treatment*
%+)
Accse person can not $e to confess gilt or testif" against himself*
%)
An arreste person shol not $e photographe nless it is a$soltel"
necessar"* ermission of the Sperintenent of the olice or prior sanction of the Dept" Inspector eneral of the olice $e taen* %>)
Copies of all ocments incling memo of arrest $e sent to IllaEa 3agistrate*
:,) The legal ai committee $e informe a$ot the arrest of the accse person so that arreste person can tae legal assistance* :%) The information a$ot the arrest an a$ot the place where etaine person is $eing ept mst $e sent State olice HeaEarter within %: hors of the arrest* This information shol $e prominentl" ispla"e in the police control room at istrict an state heaEarter*
Arrest6etention $" the olice an HmanRights . Article :% of the Constittion of Inia state
Clase : of the article :: states that the person arreste or etaine in csto" shall $e proce $efore the nearest magistrate within :; hors of his arrest or etention e8cling the 9orne" time* Article :, part B of the constittion of Inia state that person accse of an offence can not $e compelle to $e a witness against himself* In this regar4 Hon7$le Spreme Cort of Inia has isse some gielines for the police personnel when the" etain6arrest an" person ring in!estigation of a case an are to $e followe .
ielines of the Hon7$le Spreme Cort of Inia . The Hon7$le Spreme Cort of Inia has isse some
The police personnel carr"ing ot the arrest6interrogation of the arreste person
shol $ear accrate4 clear !isi$le name-plate with their esignation* The particlars of sch police personnel shol $e recore in a register* :)
The police personnel carr"ing ot the arrest shall prepare a memo of arrest at
the time of arrest an memo shall $e atteste as witness $" at least one of the mem$er of the famil" or $" a respecta$le mem$er of the societ" where the arrest is mae*It shall $e conter signe $" arreste person an shall contain the ate an time of arrest* B) A person who is arreste or etaine an ept in police csto" in police-station or interrogation centre or loc-p shall $e entitle to ha!e one frien or relati!e other person nown to the arreste person or ha!ing interest in his welfare $eing informe as soon as practica$le 4 that he has $een arreste an $eing etaine at the particlar place * ;) The time4 place of arrest an !ene of csto" of an arreste person mst $e notifie $" the police if ne8t frien or relati!e of arreste person li!es otsie the istrict or town an the police station of the concerne area telegraphicall" within to %: hors after his arrest* &)
The person arreste mst $e aware of his right to ha!e someone informe a$ot
his arrest or etention as soon he is pt ner arrest or is etaine* ')
An entr" mst $e mae in the iar" at the place of etention regaring arrest
an shol isclose the name the informe person an the particlars of the arresting-
officer* +)
On reEest of the arreste person he6she shol $e meicall" e8amine at the
time of arrest an in9ries4 if an"4 $e recore at that time*The inspection memo mst $e signe $" $oth arresting -officer an the arreste person an its cop" $e pro!ie to the arreste person* ) The arreste person shol $e meicall" e8amine $" traine octor or panel of octors e!er" ; hors of his6her etention in csto" appointe $" Director4 Health Ser!ices of the concerne State or Union-territor"* anes shol $e prepare $" the Director Health for all Thesils an Districts* >) The copies of all the ocments incling the memo of arrest 4 shol $e sent to IllaEa 3agistrate*
%,)
The arreste person mst $e allowe to meet his law"er ring interrogation4
thogh not throghot the interrogation* %%) A police control room shol $e pro!ie at all istrict an state heaEarters where information regaring arrest $e commnicate $" the arresting-officer within %: hors of arrest information of arrest shol $e ispla"e on a conspicos notice $oar at the control-room*
If some concerne officer fails to compl" with the a$o!e %% reEirements shall $e lia$le for the epartmental action also lia$le for the proceeings for contempt the cort in an" High Cort of the contr"4 ha!ing 9risiction o!er the matter*
CONCUSION There are certain legislations lie the olice act of %'%4Criminal procere coe %>+B4F!ience act %+: etc which reglate the police procere in Inia an all these laws are !ali accoring to the Constittion of Inia*The Constittion of Inia which flfills the $asic hman rights4 so all these laws are in compati$ilit" with hman rights as 9iciar" also phel the !aliit" of these laws*
