Understanding Police Custody in Indian Laws: Rights and Procedures

Police custody is a crucial aspect of the Indian criminal justice system, as it involves the detention of an accused person by the police for investigation. However, the power to arrest and detain a person also comes with a responsibility to safeguard their fundamental rights. In this blog, we will explore the concept of police custody in Indian laws, the rights of a person in custody, and the procedures the police must follow.

Procedures for police custody

Police custody refers to the period when a person is detained by the police for questioning or investigation. The police can detain a person without a warrant for up to 24 hours and with a warrant for up to 15 days, which can be extended to 90 days under certain circumstances.

A person in police custody has certain fundamental rights, such as the right to be informed of the grounds of arrest, the right to legal representation, and the right to a medical examination. The police must also ensure that the person is not subjected to torture or cruel, inhuman, or degrading treatment.

The police must follow certain procedures while detaining a person in custody. They must inform the person of their rights and the grounds of arrest, prepare a memo of arrest, and present the person before a magistrate within 24 hours. The magistrate must record the reasons for the detention and can authorize further detention only if satisfied that it is necessary for the investigation.

Exceptions to the rule

There are certain exceptions to the rule of presenting a person before the magistrate within 24 hours, such as in cases of terrorism or waging war against the state. In such cases, the police can detain a person for up to 180 days without charge, subject to certain conditions.

Case laws related to Police Custody and Abuse of Police Power

Below are some notable cases related to police custody and its misuse in India:

D.K. Basu v.State of West Bengal (1997)

This landmark case established guidelines for the arrest and detention of a person by the police. The Supreme Court held that the police must inform the detainee of their right to legal representation and medical examination, and a witness must prepare and sign the memo of arrest. The court also mandated the presence of the detainee's close relative or friend during interrogation.

Raghbir Singh v. State of Haryana(1980)

In this case, the Supreme Court held that the police cannot keep a person in custody beyond the period authorized by the magistrate. Doing so would violate the person's fundamental rights.

National Human Rights Commissionv. State of Gujarat (2003)

The NHRC investigated the alleged custodial deaths of persons in police custody in Gujarat. The report highlighted the rampant misuse of police custody and torture by the police. The Supreme Court ordered an inquiry into the matter and directed the state government to take appropriate action.

Prakash Kadam v. RamprasadVishwanath Gupta (2011)

In this case, the Supreme Court held that the police cannot arrest a person without reasonable suspicion of their involvement in a crime. The court also observed that the power to arrest should be exercised cautiously and only when necessary.

Anil Kumar v. State of UttarPradesh (2018)

The Allahabad High Court observed that the police often misuse their power to arrest and detain a person. The court directed the state government to ensure that the police follow the guidelines laid down by the Supreme Court in D.K. Basu v. State of West Bengal.

These cases highlight the rampant misuse of police custody by the police in India and the need for stringent guidelines to protect a person's custody rights. It is essential to hold the police accountable for their actions and ensure they do not abuse their power.

Conclusion

Police custody is an essential tool for the police in investigating crimes and bringing the guilty to justice. However, it is equally important to ensure that the person's custody rights are protected and that the police follow the correct procedures. By understanding the concept of police custody, the rights of a person in custody, and the procedures to be followed, we can ensure that the criminal justice system operates fairly and justly.

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