Sunday, November 13, 2011

Violation of Human Rights

Reports of the victims should compulsorily be recorded at police station and it should be registered under proper provisions of law. Copy of F.I.R. has to be made available to the person concerned free of cost (Police Regulations).
Any person brought to the Police Station is not to be subjected to torture, beating or any third degree treatment (Supreme Court Verdict).
If a person is called to the Police Station, he/she has to be given the traveling allowance (section 160, (2) Cr.P.C.).
The arrested person has to be given reasons for his arrest. He has a right to consult an advocate and defend himself (Section 150(1) Cr.P.C.).
The arrested person has to be produced before the competent magistrate within 24 hours (Section 167 Cr.P.C.)..
If a person is arrested without a warrant, issued by a court of law, the Station Officer of the Police Station has to inform the District Magistrate(D.M.) / Sub Divisional Magistrate(S.D.M) without any delay.
The arrested person is entitled to food etc. at the Police Station (Police Regulations).
No arrested person is to be hand-cuffed while being taken to court or another prison, without the authority of the court (Supreme Court Verdict).
A person under police remand has to be compulsorily medically examined as soon as possible, within 24 hours.
All bruises, wounds and injuries etc. are to be recorded in a 'Memo', and it is to be signed by the police personnel and the accused (Supreme Court Verdict).
The arrested person can make a local telephone call to contact anybody. If the telephone is not available, such information will be sent through mail.
If a person dies under police custody, the District Magistrate(DM) / Sub Divisional Magistrate(SDM) should enquire into the causes of death (Section 176 Cr.P.C.). The family members or any other person can help the Magistrate to enquire into the causes of death.
If a person dies under police custody, the Human Rights Commission has to be informed.
If anything is recovered from the accused, a 'Memo' is to be made, the material has to be kept under proper safety and it's receipt has to be given.
All police officials have to bear their name badges during interrogation (Supreme Court Verdict).
No female has to be detained in the Police Station without proper reasons. The ladies should not be subjected to indecent or improper behavior.
If a lady is victim of rape or molestation, a very high level of sensitivity and urgency has to be exhibited by the police. As far as possible, the F.I.R. of a lady is to be recorded by a lady constable or it should be recorded in the presence of a lady constable. The statement of a victim of rape or molestation has to be recorded in the presence of her relatives and she should be sent for medical examination, in the presence of at least a male family member. If it is not possible, the victim should be accompanied by a lady constable (Supreme Court Verdict).
Complaints against police atrocities/inaction should be made to the concerned Circle Officer/Additional S.P./S.P./S.S.P./ D.I.G. (Range)/I.G. (Zone) or D.G.P.
In special cases S.D.M./A.D.M/D.M. or Commissioner should be approached.

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