treatment in police custody
col A P Khanna
(Querist) 15 May 2008
This query is : Resolved
On being apprehended by police, what is code of conduct for police to treat a person specially with regard to torture by police.What can be done to prevent the high handedness of the police.Please advise in detail.
Manish Singh
(Expert) 16 May 2008
As a matter of law police can not even slap a person, this not under their authority. and they are bound to produce a person before a magistrate within 24 hours agetr arrest and they do not do so, the arrest will be unlawful. You can move to the HC.
H. S. Thukral
(Expert) 16 May 2008
Under Art 22 of the constitution and Section 50 of Cr.PC, an arrested person shall be informed of the ground of his arrest and he shall be given the right to consult and defended by a lawyer of his choice. He shall be told whether the offence for which he is arrested is bailable or not and if bailable he shall be adivised to arrange for sureties on his behalf. In case of non bailable offence he shall be produced before the magistrate within 24 hours of his arrest. The arrested person has right to get medically examined by a doctor.
