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Report No. 173

33. Arrest.-

(1) Whenever any person, who being a citizen of India, is arrested, information of his arrest shall be immediately communicated by the police officer to a family member or to a relative of such person by telegram, telephone or by any other means which shall be recorded by the police officer under the signature of the person arrested.

(2) Where a police officer arrests a person, he shall prepare a custody memo of the person arrested.

(3) During the interrogation, the legal practitioner of the person arrested shall be allowed to remain present and the person arrested shall be informed of his right as soon as he is brought to the police station.34. Presumption as to offences under section 3.- (1) In a prosecution for an offence under sub-section (1) of section 3, if it is proved-

(a) that the arms or explosives or any other substances specified in section 3 were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature, were used in the commission of such offence; or

(b) that by the evidence of an expert the finger-prints of the accused were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the Special Court shall draw the adverse inference against the accused.

(2) In a prosecution for an offence under sub-section (3) of section 3, if it is proved that the accused rendered any financial assistance to a person, having knowledge that such person is accused of, or reasonably suspected of, an offence under that section, the Special Court shall draw the adverse inference against the accused.



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