Can the police keep a person in custody for as long as they want?

If you are a victim or witness of a crime give clear descriptions of all that you experienced, saw or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then report exactly what you were told or what you heard. Information should never be exaggerated or false.

Important details to include are the date, time, location and a description of the culprits or people involved. The sequence of events that occurred and details of what each person did or said.

 

Often police arrest a person on Friday and keep them in custody until the following Monday, citing that there is no magistrate available over the weekend. This is illegal, as in reality there is always a magistrate on duty and available 24 x 7.

 If a person’s 24 hour custody hold ends after court working hours, he/she can always be produced before the magistrate at his residence. The magistrate cannot refuse to see the suspect.

 

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Anticipatory Bail

Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.

Conditions that are taken into consideration by the court when granting anticipatory bail include, but are not limited to:

• The person will make him/herself available for interrogation by the police as and when required by them
• The individual shall not directly or indirectly  make any threat, promise or offer any bribe to any person who is connected to the case or knows        facts about the case, so as to keep them quiet or to get them to change their report of facts to the court or the police  
•  An assurance that the person shall not leave India without prior permission from the court 

Can The Police Keep A Person In Custody For As Long As They Want?

Absolutely not, 24 hours in custody is the absolute maximum.

Once the police make an arrest and take the arrested individual to the police station, the longest time the suspect can be kept in custody at the station is for 24 hours.  

The police must produce anyone who is in their custody before the magistrate within 24 hours of the arrest, with all the necessary papers that justify the said arrest.

Often police arrest a person on Friday and keep them in custody until the following Monday, citing that there is no magistrate available over the weekend. This is illegal, as in reality there is always a magistrate on duty and available 24 x 7.

 If a person’s 24 hour custody hold ends after court working hours, he/she can always be produced before the magistrate at his residence. The magistrate cannot refuse to see the suspect.

Do I Have To File An FIR If I Lost My Driving License?

If your wallet or purse has been stolen or lost and Government documents such as your Driving Licence, PAN Card or so on was in it then, yes you should register an FIR. To get your Driving Licence or PAN card reissued this FIR will have to be submitted to the respective government authority.

The police may at times refuse to register an FIR for this and just give you a written confirmation that these documents were stolen/lost. But in any case, it is good to report the loss or theft to avoid any future hassles.

Limitations On Filing An FIR

An FIR can only be filed for a cognisable crime.

In the event someone is trying to file an FIR for a crime that falls in the non-cognisable category it is the duty of the police to listen to them, enter the matter in their daily register or dairy, give the person a signed copy of the entry made (as proof of the matter being recorded) and direct them to the closest or appropriate magistrate. 

The signed copy of the entry made by the police is free of cost and is a right to receive. 

Duties And Powers Of The Police

Read: Disciplinary Action For Police Officers

Duties Of The Traffic Police When An Accident Occurs

A traffic police officer, on witnessing an accident or on receiving information about an accident must immediately:

• Stop the vehicle involved in the accident (the police officer must not be below the rank of a Sub Inspector)

• Take the injured person to the nearest doctor or hospital or call for an ambulance

• Note down the name and address of the driver, his/her license and the name and contact details of the owner of the vehicle. The police must also get the name and details of the person/s affected by the accident

If a person refuses to stop when asked to or give information as required he/she can be punished with imprisonment of up to three months or with fine or both.

A police officer can also inspect any vehicle which is involved in an accident, if the inspection is done at a reasonable time and only if the police officer proves his authority to do so. If the vehicle is moved to another place for inspection, it must be returned to the owner within 24 hours after completing the formalities.