| Contents |
| Chapter 1 |
Introduction |
| 1.1 to 9. |
Introduction (1) |
|
Introduction (2) |
| Chapter 2 |
Circumstances Leading to Crime in Custody |
| 2.1 |
Arrest and its significance |
| 2. |
Situation of mastery and abuse of authority |
| 3. |
Role of the Law |
| 4. |
Officers other than the police |
| 5. |
Initiating the criminal process |
| 6. |
Medical Examination |
| 7. |
Inquest, investigation and inquiry |
| 8. |
Deficiencies in regard to evidence: difficulty of proof |
| 9. |
Using force to compel statements leading to discovery |
| 10. |
Organisation of the police |
| Chapter 3 |
Constitutional and Statutory Provisions |
| 3.1 |
Introduction |
| 2. |
Constitutional provisions: Article 20 |
| 3. |
Article. 21 |
| 4. |
Article 22 |
| 5. |
The Indian Penal Code: General Scheme |
| 6. |
Sections 166 and 167 |
| 7. |
Section 220 |
| 8. |
Sections 330 and 331 |
| 9. |
Sections 340 to 348 |
| 10. |
Section 376(2) |
| 11. |
Sections 376B to 376D |
| 12. |
Sections 503 and 506 |
| 13. |
Code of Criminal Procedure, 1973: General observations |
| 14. |
Code of Criminal Procedure, 1973: Section 41: Arrest |
| 15. |
Section 49: Restraints |
| 16. |
Section 50: Grounds of arrest |
| 17. |
Section 53: Medical Examination of the accused |
| 18. |
Section 54: Medical examination at the request of the arrested person |
| 19. |
Sections 56, 57 and 58: Action after arrest |
| 20. |
Sections 75 and 76: Arrest under warrant |
| 21. |
Section 154: Information in cognizable cases |
| 22. |
Section 160: Attendance of witnesses |
| 23. |
Section 163: Prohibition of inducements |
| 24. |
Section 164: Confession before Magistrate |
| 25. |
Section 313: Examination of the accused in Court |
| 26. |
Section 315: Accused as witness |
| 27. |
Section 357: Compensation |
| 28. |
Indian Evidence Act: General observations |
| 29. |
Sections 24 to 27, Evidence Act |
| Chapter 4 |
International Covenants |
| 4.1 |
Right to life |
| 2. |
Positive and negative aspects |
| 3. |
U.N. Declaration |
| 4. |
Code of Conduct |
| 5. |
U.N. Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 |
| 6. |
Torture defined |
| 7. |
Measures |
| 8. |
Education etc |
| 9. |
Review of rules |
| 10. |
Other acts of cruelty |
| 11. |
Victims |
| 12,13. |
India's obligation |
| 14. |
Case law |
| Chapter 5 |
Arrest |
| 5.1 |
Introduction |
| 2. |
Concept of arrest |
| 3. |
Legal provisions as to arrest |
| 4. |
Formal and informal arrest |
| 5. |
Requirements of section 41, Cr. P.C |
| 6. |
Discretion regarding arrest |
| 7. |
Judgment of the Supreme Court: Joginder Singh's case |
| 8. |
Guidelines suggested by the Supreme Court |
| 9. |
Duty of Magistrate |
| 10. |
Reasons for arrest |
| 11. |
Judgment in Sheela Barse's case1 |
| 12. |
Presence of counsel |
| 13. |
Law Commission Report |
| 14. |
Judicial officers |
| 15. |
Member of Parliament |
| 16. |
Course to be adopted-Amending the Law |
| 17. |
Arrest of women: Recommendations |
| 18. |
Power of arrest: Recommendations |
| 19. |
Need for Amendment |
| 20. |
Amendments to section 41 recommended |
| 21. |
Duty of Magistrate: Recommendation |
| 22. |
Other matters |
| Chapter 6 |
Calling to the Police Station |
| 6.1 |
Introduction |
| 2. |
The present law |
| 3. |
Section 160, Cr. P.C.: Recommendation |
| 4. |
Need for Penal sanction |
| 5,6. |
Section 164A, I.P.C. recommended |
| Chapter 7 |
Medical Examination |
| 7.1 |
Beneficial and adverse aspect |
| 2. |
Various situations categorised |
| 3. |
Medical examination of the accused generally |
| 4. |
Medical examination of the accused |
| 5. |
Comments on the Working Paper |
| 6. |
Recommendation |
| Chapter 8 |
First Information Report and Inquiry |
| 8.1 |
Introduction |
| 2. |
Non-Registration of Information |
| 3. |
Section 167A, I.P.C. recommended |
| 4. |
Investigation by the police and other agencies |
| 5. |
Recommendation to insert section 154A, Cr. P.C |
| Chapter 9 |
Inquiries and Inquests into Death |
| 9.1,2 |
Introduction |
| 3,4. |
Inquiry by Magistrate |
| 5. |
Commission of Inquiry |
| 6 to 8. |
Special Acts |
| Chapter 10 |
Sanction for Prosecution |
| 10.1 |
Present Position |
| 2. |
History |
| 3. |
Amendment |
| 4. |
Cases of torture |
| 5. |
Need for clarification: Recommendation |
| Chapter 11 |
Law of Evidence |
| 11.1 |
Introduction |
| 2. |
Prosecutions for torture etc |
| 3. |
Law Commission's recommendation |
| 4. |
Later Decisions |
| 5. |
Recommendation for Amendment of section 114 |
| 6. |
Section 27, Evidence Act |
| 7. |
Recommendation to extend sections 25 and 26 to other officers |
| Chapter 12 |
Compensation |
| 12.1 |
Introduction |
| 2. |
General Law |
| 3. |
State's liability for compensation in Tort |
| 4. |
State's Judicial decisions on the question of tortious liability |
| 5. |
Machinery for claiming compensation |
| 6. |
Section 357 of the Code |
| 7. |
Recommendation to insert section 357A |
| Chapter 13 |
Organization of the Police |
| 13.1 |
Introduction |
| 2. |
Role of Police under British Rule |
| 3. |
Role of Police after Independence |
| 4. |
Reports of Police Commission |
| Chapter 14 |
Recommendations |
| 14.1 |
Recommendations |
| 2,3. |
Indian Penal Code |
| 4 to 13. |
Code of Criminal Procedure, 1973 |
| 14 to 17. |
Indian Evidence Act, 1872 |
| Appendix I |
Custodial Crimes |
|
Custodial Crimes |
|
Non-Recording of FIR |
|
Investigation of Complaint in Custodial Offences |
|
Compensation |
|
Issues for Consideration |
| Appendix II |
Comments Received on the Working Paper |
|
Introductory |
| 1. |
Power of Police to Arrest |
| 2. |
Presence of Counsel at the time of interrogation |
| 3. |
Medical Examination of Victims/Suspects |
| 4. |
Presumption against Police Officer or public servant |
| 5. |
Independent Agency for holding Enquiry |
| 6. |
Sanction for Prosecution |
| 7. |
Compensation on no fault basis |
| 8. |
Interim Compensation |
| 9. |
Recovery from Officers |
| 10. |
Effect of the proposed amendments on police functioning |
