- Bailable and non-Bailable offences
- Under the Code of Criminal Procedure, offences have been classified as ‘bailable’and ‘non-bailable’
- In the case of bailable offences, it is binding upon the investigating officer to grant bail.
- However, in case of a non-bailable offence the police do not grant bail. The decision is taken by a Judicial Magistrate/Judge only.
- In the case of a bailable offence, if the accused produces proper surety after his arrest, and fulfills other conditions, it is binding upon the Investigating officer to release him.
- In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate/Judge concerned within 24 hours of the arrest. At that time, the accused has a right to apply for bail himself or through his representative/lawyer.
- Similarly, if the accused has been subjected to any misbehavior by police after arrest, he has an opportunity to complain against the same before the Judicial Magistrate/Judge.
RIGHTS OF ARRESTED PERSON DIRECTION & GUIDELINES ISSUED BY THE SUPREME COURT
- The Police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designation.
- The Police Officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter-signed by the arrestee and shall contain the time and date of arrest.
- A Person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed as soon as practicable that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself, such a friend or a relative of the arrestee.
- The time, place of arrest and venue of custody of arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
- The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
- An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest or detention as soon as he is put under arrest or is detained.
- The arrestee should where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/ her body, must be recorder at that time. The "Inspection Memo" must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
- The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors, appointed by Director, Health Service of the concerned State or Union Territory. Director, Health Service, should prepare such a panel for all Tahsils and District as well.
Copies of all the documents including the memo of arrest, referred to above should be sent to the Magistrate for his record.