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
Police coming to the private residence of a citizen to ‘bust’ or break up a party that is taking place is a common occurrence. In technical terms, there is no ‘busting’ of a house party. The police can only enter a private residence to search the premises or seiz...
People’s homes and offices are private places and so the law requires any authority who wants to invade that privacy give concrete and legitimate reason to do so. If the police wish to enter and conduct a search of a private residence or office then, they must first...
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