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Report No. 273

(ii) Code of Criminal Procedure, 1973

4.13 Sections 46(3) and 49 protect the person to be arrested and the detenu under police custody, who are not accused of an offence punishable with death or imprisonment for life. The detenu cannot be subjected to more restraint than is necessary to prevent his escape.

4.14 Sections 50 and 56 are in conformity and consonance with Article 22 of the Constitution. A person arrested is to be informed of the grounds of arrest and right to bail. More so, he is to be produced before the Magistrate within the stipulated time.

4.15 Sections 51(2) and 100(3) provide that if a women is to be searched by a police officer in connection with a crime, the search shall be made by another woman with strict regard to decency. The women accused must be interrogated at her residence.

4.16 Section 54 of the Code extends safeguard against any infliction of custodial torture and violence by providing for examination of arrested person by medical officer. Section 57 requires the police to produce the suspect / accused before the nearest magistrate within 24 hours of arrest. It corresponds to Article 22(2) of the Constitution.

4.17 Sections 132 and 197(1) grant immunity to public servants from prosecution, if the public servant is accused of any offence alleged to have been committed by him while discharging his official duties.

4.18 Section 160 (1) provides "No male person under the age of 15 years or woman shall be required to attend at any place other than in which such male person or woman resides."

4.19 Sections 162, 163(1) and 315 disallow (i) forced confession and (ii) testimony, as inadmissible in the court of law and protect the accused against such confession. 4.20 Sections 167 put an obligation to bring the accused person before the court to safeguard their rights and interest. 4.21 Section 176 provides for compulsory magisterial inquiry on the death of the accused in police custody.

4.22 Section 357A provides for framing of the victim compensation scheme by every State Government in co-ordination with the Central Government.

4.23 Section 357B provides for awarding compensation in addition to fine under section 326A or section 376D.

4.24 Section 357C provides for treatment of victims of rape by all hospitals, public or private, whether run by the Central Government, State Government, local bodies or by any other persons.

4.25 Section 358 provides for compensation to persons groundlessly arrested.



Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back




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