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Report No. 177

3. Insertion of new sections 41A to 41.-

After section 41 of the principal Act, the following sections shall be inserted, namely:-

"41A. Appearance Notic.- (1) The police officer may, in all cases where the arrest of a person is not required under the provisions of section 41, issue a notice directing the person against whom credible information has been received that he has committed a cognizable offence, to appear before him or the court, as the case may be, whenever called upon to do so.

(2) Whenever a notice is issued under subsection (1), directing any person to appear before the police officer or the Court such person shall appear as directed.

41B. Procedure of arrest and the duties of the officer making the arres.- (1) Every police officer while making an arrest shal.-

(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;

(b) inform the person arrested ,the offence for which he is being arrested;

(c) prepare a memorandum of arrest which shall b.-

(i) attested by at least by one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made ;

(ii) countersigned by the person arrested;

(d) inform the person arrested ,unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him be informed of his arrest;

(e) inform a relative or a friend of the person arrested, the place where he is detained in custody;

41C.Control Rooms at District.- (1) The State Government shall establish a police control room at-

(a) every district;

(b) the State level.

(2) The State Government shall cause to be displayed on the notice board kept outside the Control rooms at every district, the names and addresses of the persons arrested and the names and designation of the police officers who made the arrests.

(3) The control room at the Police Head quarters at the state level shall collect from time to time, details about the persons arrested, nature of the offence with they are charged and maintain a database for the information of the general public.

41D. Right of arrested person to have advocate during interrogatio.- When any person arrested is interrogated by the police, he shall be entitled to have an advocate of his choice present during such interrogation in order to ensure that his rights are not infringed:

Provided that nothing contained in this section shall confer any right upon the person arrested to insist that the advocate shall be present throughout the interrogation."

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