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Non-bailable :
The offences in which officer-in-charge of a police-station can not grant bail to
the accused except under special circumstances. The officer-in-charge of police-
station is bounded by law to produce the arrested person before the nearest judicial
magistrate within 24 hours of his arrest excluding the time necessary for the journey
from the place of arrest to the magistrate's court.In case of the non-bailable offence, if
the accused appears before the court or is produced by the police before the court, it is
the privilege of the court whether to grant a bail to the accused or not ? If bail is not
granted, accused is either sent to the police-custody/remand or to the judicial
custody/remand.
Police-remand :
People are generally afraid of the term "Police-remand"and think that remand
means only the physical and mental torture but it is not true.Now,a lot of restrictions
have been placed the investigating agencies and no torture is allowed by law.Any type
of torture is an offence in itself and a lot of other agencies keep vigil over the
police.Police remand is only meant to cooperate the police during investigation so that
investigating officer may complete his investigation successfully. It is also important
to mention here that no disclosure by the accused before the police during police
remand is admissible before the court of law if circumstances does not corroborate the
admission.During police custody/remand,accused is kept in the police lock-up.The
police-remand can be of maximum 14 days.
Judicial-custody/remand :
When an accused appears before a court or is produced before court after arrest,
magistrate decides whether the accused will be sent to the police custody for police
remand or to the judicial custody for the judicial remand or to grant him bail.During
police/judicial custody of the accused, if the case is under investigation, police is
supposed to complete his case within 60 or 90 days and present the case for trial in the
court.With the permission of the court,investigation period can be increased from 60
or 90 days.The officer-in-charge of police-station is is not bound to present the case in
the court within 60 or 90 days, if accused is on bail.During judicial custody, accused
is kept in judicial lock-up and is produced before the court after every 14 days.
Difference between Police-lock-up and Judicial-lock-up :
of the accused or should take help of some person to identify the accused so as to
avoid wrongful arrests.
4) The Station House Officer (SHO) while deputing his subordinate for arrest of a
person should written order to the deputed officer regarding arrest of the person.
5) After due notification, police-officer can break open the door for arrest of
accused.
1) The arrested person must be produced before the court within 24 hours of
arrest, excluding the journey time from his place of arrest to the court.
2) The reasons of arrest must be recorded in case diary.
3) In case a person is arrested in bailable offence, he must be informed about his
right to bail.
4) The arrested person must be made aware his right to inform a friend, relative
or a person interested in his welfare about his arrest and place of detention as soon as
practicable.
5) An entry must be made in diary indicating the information about arrested
person and name of the person in whose custody the arrested person is being kept.
6) Afriend,relative of the arrested person must be notified by the police about
time,date and place of arrest and custody. If the relative or friend lives outside district
or town, information must be given through District Legal Aid Organisation and
concerned police station.
7) Fetters or handcuffs should not be used as matter of routine or for the
convenience of escorting officer. The arrested person should not be handcuffed unless
there is clear danger of his escaping and is involved in serious offence, is of desperate
character or likely to commit suicide.
8) The reasons for handcuffs must be recorded in case diary report and should not
be handcuffed without the permission of the Magistrate.
9) Officer conducting search of a person must prepare a memo of the seized-
articles and should hand over a copy of the memo to the arrested person.
10) Arrested person should be kept only in the officially recognised places.
11) Care should be taken for safety and well-being of the detained person.Proper
arrangement for his food,shelter,clothing, medical services and personal hygiene be
made.
12) While an accused is medically examined by doctor to get evidence in case, the
care should be taken if the accused is a woman, she should be medically examined
through a woman medical practitioner.
13) The substance of the medical examination be recorded in station diary. All
major and minor injuries be noted a memo and arrangements be made for his
treatment.
14) The medical examination of accused person be carried trained doctor who is in
the penal of the approved doctors of the Director, Health Services.
15) Police officer should allow the arrested person to consult a lawyer of his/her
choice. Lawyer can remain present during interrogation for some time.Police may
remain present at the time of consultation but care should be taken of the privacy of
the arrested person.
16) No one should be subjected to the torture, inhuman or degrading treatment.
17) Accused person can not be to confess guilt or testify against himself.
18) An arrested person should not be photographed unless it is absolutely
necessary. Permission of the Superintendent of the Police or prior sanction of the
Deputy Inspector General of the Police be taken.
19) Copies of all documents including memo of arrest be sent to Illaqua Magistrate.
20) The legal aid committee be informed about the arrest of the accused person so
that arrested person can take legal assistance.
21) The information about the arrest and about the place where detained person is
being kept must be sent State Police Headquarter within 12 hours of the arrest. This
information should be prominently displayed in the police control room at district and
state headquarter.
10) The arrested person must be allowed to meet his lawyer during interrogation,
though not throughout the interrogation.
11) A police control room should be provided at all district and state headquarters
where information regarding arrest be communicated by the arresting-officer within
12 hours of arrest information of arrest should be displayed on a conspicuous notice-
board at the control-room.
CONCLUSION
There are certain legislations like the Police act of 1861,Criminal procedure code
1973,Evidence act 1872 etc which regulate the police procedure in India and all these
laws are valid according to the Constitution of India.The Constitution of India which
fulfills the basic human rights, so all these laws are in compatibility with human rights
as judiciary also upheld the validity of these laws.