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Report No. 135

2.8. Intimation of rights.-

We have one more suggestion to make regarding section 54 of the Code of Criminal Procedure, 1973, though the suggestion is not sconfined to woman. It is obvious that a person in custody is in need of protection of the nature conferred by section 54. But often, the arrested person does not know his or her rights in this respect. The Supreme Court has suggested, inter alia, that the Magistrate should inform the arrested person about this right in case that person has any complaint against torture by the police1. Besides this, there is the important question of the general approach towards custodial torture. Such torture should not be approached by the Court in a casual manner2. It appears to be useful to add a suitable provision on the subject. We recommend that a provision should be inserted in the Code to provide as under:

"The Magistrate shall, whether or not the arrested person makes a request for examination of the body under this section, inform that person about his right to such examination, in order to bring on record any facts which way show that an offence against the body has be in committed with respect to such person after he was arrested."

1. Sheela Barse v. State; AIR 1983 SC 378 (382), para. 4(vii).

2. D.J. Vaghela, 1985 CLJ 974 (Guj).



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