Procedure For Arrest

Police must tell the individual the reason for his/her arrest at the time of making the arrest

•  A police officer must be in full uniform with nameplate when making an arrest 

•  If the accused person goes willingly with the police, then no restraint can be used

•  The police must prepare an Arrest Memo at the time of arrest or as soon as they enter the police station with the accused

•  The Arrest Memo must contain the name of the arrested person, the FIR number, the crime for which he/she is being arrested, the time, date and place of arrest

•  The Arrest Memo must be signed by two independent witnesses

•  If desired, the arrested person can demand that the police record his/her physical condition on arrival at the police station

•  Family members have the right to accompany an arrested person to the police station

•  Any arrest made must be recorded at the police station in a special register and the District Control Room must be informed about it

•  An arrested person must be produced before a Magistrate within 24 hours of the arrest. This is compulsory and mandated by law

One should ensure that the two witnesses who sign the Arrest Memo are independent of police influence. The witnesses should preferably be family members or friends. Accompanying policemen or other police who are present at the station are not independent witnesses.

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