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Report No. 152

5.16. Course to be adopted-Amending the Law.-

We have tried to collect together in this Chapter the important materials relating to arrest, with a view to focussing attention upon the various measures that should be adopted, particularly in order to check malpractices. We are conscious that it may not be feasible to put everything in legislation. A possible device of dealing with the various propositions mentioned in this Chapter would be to insert a number of sections-like, 50A, 50B, 50C and so on-in the Code of Criminal Procedure, 1973 to incorporate all those propositions that can be overwhelmingly codified.

It is necessary that the important propositions, having direct relevance to the prevention of torture in custody should be given legislative form. With this end in view, we would recommend that a new section or sections (as may he convenient) should be inserted after section 50 of the Code of Criminal Procedure, 1973 to incorporate the following propositions in substance:-

(1) Whenever a person is arrested by a police officer, intimation of the arrest shall be immediately sent by the police officer (along with intimation about the place of detention) to the following persons:-

(a) a relative or friend or other person known to the arrested person, as may be nominated by the arrested person;

(b) failing (a) above, the local legal aid committee.

(2) Such intimation shall be sent by telegram or telephone,1 as may be convenient, and the fact that such intimation has been sent shall be recorded by the police officer under the signature of the arrested person.

(3) The police officer shall prepare a custody memo and body receipt of the person arrested, duly signed by him and by two witnesses of the locality where the arrest has been made, and deliver the same to a relative of the person arrested, if he is present at the time of arrest or, in his absence, send the same along with the intimation of arrest to the person mentioned in (1)(a) above.

(4) The custody memo referred to in (3) above shall contain the following particulars:-

(i) name of the person arrested and father's or husband's name;

(ii) address of the person arrested;

(iii) date, time and place of arrest;

(iv) offence for which, the arrest has been made;

(v) property, if any, recovered from the person arrested and taken into charge at the time of the arrest; and

(vi) any bodily injury which may be apparent at the time of arrest.

(5) During the interrogation of an arrested parson, his legal practitioner shall be allowed to remain present.

(6) The police officer shall inform the person arrested, as soon as he is brought to the police station, of the contents of this section and shall make an entry in the police diary about the following facts:

(a) the person who was informed of the arrest;

(b) the fact that the person arrested has been informed of the contents of this section; and

(c) the fact that a custody memo has been prepared, as required by this section.

1. At present there is some obscurity in this regard. See report about beliefs of Delhi Police, the Statesman, 13th April, 1994, p. 9.

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