Who is a Criminal and Rule of Law


 
 
Concept Explanation
 

Who is a Criminal and Rule of Law

·      The supreme court of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogations of any person.

·      These are known as the D.K Basu guidelines and some of these include:

  • 1.  The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations.
  • 2.  A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by at least one witness who could include a family member of the person arrested. The arrest memo should be counter – signed by the person arrested.
  • 3.  The person arrested, detained or being interrogated has a right to inform a relative, friend or well- wisher.
  • When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.

     
     


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