{"id":3457,"date":"2013-12-27T08:39:00","date_gmt":"2013-12-27T08:39:00","guid":{"rendered":"http:\/\/www.wakilsahab.in\/news\/know-your-rights-for-pre-arrest-arrest-and-post-arrest-under-498a\/"},"modified":"2025-02-01T18:10:34","modified_gmt":"2025-02-01T18:10:34","slug":"know-your-rights-for-pre-arrest-arrest-and-post-arrest-under-498a","status":"publish","type":"post","link":"https:\/\/www.wakilsahab.in\/news\/know-your-rights-for-pre-arrest-arrest-and-post-arrest-under-498a\/","title":{"rendered":"Know your rights for PRE-ARREST, ARREST and POST ARREST under 498a"},"content":{"rendered":"<div dir=\"ltr\" style=\"text-align: left;\">Here are few rights* that NATIONAL COMMISSION OF HUMAN RIGHTS define  when it comes to ARRESTS. Please share it with all. Make sure that no  innocent is arrested just because they did not know about their rights.<br \/> <strong>PRE-ARREST<\/strong> <\/p>\n<ul>\n<li>The power to arrest without a warrant should be exercised only after  a&nbsp;reasonable satisfaction is reached, after some investigation, as to  the genuineness and bonafides of a complaint and a reasonable belief as  to both the&nbsp;person\u2019s complicity as well as the need to effect arrest.  [Joginder Kumar\u2019s case&nbsp;(1994) 4 SCC 260).<\/li>\n<li>Arrest cannot be justified merely on the existence of power, as a  matter of law,&nbsp;to arrest without a warrant in a cognizable case.<\/li>\n<li>After Joginder Kumar\u2019s pronouncement of the Supreme Court the  question whether the power of arrest has been exercised reasonably or  not is clearly a justifiable one.<\/li>\n<li>Arrest in cognizable cases may be considered justified in one or other of the following circumstances:<\/li>\n<\/ul>\n<p>(i)&nbsp;<strong>The case involves a grave offence like murder, dacoity,  robbery, rape etc. and&nbsp;it is necessary to arrest the suspect to prevent  him from escaping or evading&nbsp;the process of law.<\/strong><br \/> <strong>(ii) The suspect is given to violent&nbsp;behavior&nbsp;and is likely to commit further offences.<\/strong><br \/> <strong>(iii)  The suspect requires to be prevented from destroying evidence or  interfering&nbsp;with witnesses or warning other suspects who have not yet  been arrested.<\/strong><br \/> <strong>(iv) The suspect is a habitual  offender who, unless arrested, is likely to commit&nbsp;similar or further  offences. [3rd Report of National Police Commission]<\/strong> <\/p>\n<ul>\n<li>Except in heinous offences, as mentioned above, an arrest must be avoided if<br \/> a police officer issues notice to the person to attend the police station and not<br \/> leave the station without permission. (see Joginder Kumar\u2019s case (1994) SCC<br \/> 260).<\/li>\n<li>The power to arrest must be avoided where the offences are bailable unless<br \/> there is a strong apprehension of the suspect absconding .<\/li>\n<li>Police officers carrying out an arrest or interrogation should bear  clear identification and name tags with designations. The particulars of  police personnel<br \/> carrying out the arrest or interrogation should be recorded contemporaneously,<br \/> in a register kept at the police station. ( No one can visit your home  without proper tags and designation. The time of their visit has to be  recorded in the register in the police station. So if you are being  threatened or bullied by Police every other day, please make sure to  submit a complaint to the NHRC)<\/li>\n<\/ul>\n<p> <strong>ARREST<\/strong> <\/p>\n<ul>\n<li>As a rule use of force should be avoided while effecting arrest.  However, in case of forcible resistance to arrest, minimum force to  overcome such resistance&nbsp;may be used. However, care must be taken to  ensure that injuries to the person&nbsp;being arrested, visible or otherwise,  is avoided.<\/li>\n<li>The dignity of the person being arrested should be protected. Public  display or&nbsp;parading of the person arrested should not be permitted at  any cost.<\/li>\n<li>Searches of the person arrested must be done with due respect to the  dignity&nbsp;of the person, without force or aggression and with care for  the person\u2019s right&nbsp;to privacy. Searches of women should only be made by  other women with strict&nbsp;regard to decency. (S.51(2) Cr.PC.)<\/li>\n<li>The use of handcuffs or leg chains should be avoided and if at all, it should be&nbsp;<\/li>\n<\/ul>\n<p>resorted to strictly in accordance with the law repeatedly explained and<br \/> mandated in judgement of the Supreme Court in Prem Shanker Shukla v. Delhi<br \/> Adminstration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam<br \/> [(1995) 3 SCC 743]. <\/p>\n<ul>\n<li>As far as is practicable women police officers should be associated where the<br \/> person or persons being arrested are women. The arrest of women between<br \/> sunset and sunrise should be avoided.<\/li>\n<li>Where children or juveniles are sought to be arrested, no force or beatings<br \/> should be administered under any circumstances. Police Officers, may for this<br \/> purpose, associate respectable citizens so that the children or juveniles are not<br \/> terrorised and minimal coercion is used.<\/li>\n<li>Where the arrest is without a warrant, the person arrested has to be immediately<br \/> informed of the grounds of arrest in a language which he or she understands.<br \/> Again, for this purpose, the police, if necessary may take the help of respectable<br \/> citizens. These grounds must have already been recorded in writing in police<br \/> records. The person arrested should be shown the written reasons as well and<br \/> also given a copy on demand. (S.50(1) Cr.PC.)<\/li>\n<li>The arrested person can, on a request made by him or her, demand that a friend,<br \/> relative or other person known to him be informed of the fact of his arrest and<br \/> the place of his detention. The police should record in a register the name of<br \/> the person so informed. [Joginder Kumar\u2019s case (supra)].<\/li>\n<li>If a person is arrested for a bailable offence, the police officer should inform him<br \/> of his entitlement to be released on bail so that he may arrange for sureties.<br \/> (S.50(2) Cr.PC.)<\/li>\n<li>Apart from informing the person arrested of the above rights, the  police should&nbsp;also inform him of his right to consult and be defended by  a lawyer of his choice.&nbsp;He should also be informed that he is entitled  to free legal aid at state expense&nbsp;[D.K. Basu\u2019s case (1997) 1 SCC].<\/li>\n<li>When the person arrested is brought to the police station, he  should, if he makes&nbsp;a request in this regard, be given prompt medical  assistance. He must be&nbsp;informed of this right. Where the police officer  finds that the arrested person is&nbsp;in a condition where he is unable to  make such request but is in need of medical&nbsp;help, he should promptly  arrange for the same. This must also be recorded&nbsp;contemporaneously in a  register. The female requesting for medical help should&nbsp;be examined only  by a female registered medical practitioner. (S.53 Cr.PC.)<\/li>\n<li>&nbsp;Information regarding the arrest and the place of detention should  be communicated by the police officer effecting the arrest without any  delay to the police&nbsp;Control Room and District \/ State Headquarters.  There must be a monitoring&nbsp;mechanism working round the clock.<\/li>\n<li>As soon as the person is arrested, police officer effecting the  arrest shall make&nbsp;a mention of the existence or non-existence of any  injury(s) on the person of&nbsp;the arrestee in the register of arrest. If  any injuries are found on the person of&nbsp;the arrestee, full description  and other particulars as to the manner in which the&nbsp;injuries were caused  should be mentioned in the register, which entry shall also&nbsp;be signed  by the police officer and the arrestee. At the time of release of  the&nbsp;arrestee, a certificate to the above effect under the signature of  the police officer&nbsp;shall be issued to the arrestee.<\/li>\n<li>If the arrestee has been remanded to police custody under the orders  of the&nbsp;court, the arrestee should be subjected to medical examination  by a trained&nbsp;Medical Officer every 48 hours during his detention in  custody by a doctor on&nbsp;the panel of approved doctors appointed by  Director, Health Services of the&nbsp;concerned State or Union Territory. At  the time of his release from the police&nbsp;custody, the arrestee shall be  got medically examined and a certificate shall be&nbsp;issued to him stating  therein the factual position of the existence or nonexistence&nbsp;of any  injuries on his person.<\/li>\n<\/ul>\n<p><strong>POST ARREST<\/strong> <\/p>\n<ul>\n<li>The person under arrest must be produced before the appropriate court within&nbsp;24 hours of the arrest (Ss 56 and 57 Cr.PC).<\/li>\n<li>The person arrested should be permitted to meet his lawyer at any time during<br \/> the interrogation.<\/li>\n<li>The interrogation should be conducted in a clearly identifiable place, which has<br \/> been notified for this purpose by the Government. The place must be accessible<br \/> and the relatives or friend of the person arrested must be informed of the place<br \/> of interrogation taking place.<\/li>\n<li>The methods of interrogation must be consistent with the recognized rights to<br \/> life, dignity and liberty and right against torture and degrading treatment.<\/li>\n<\/ul>\n<p> Knowing these rights would allow you to help yourself and your family  during tough times. There have been few people who have initiated  appropriate enquiries against corrupt police officials and have got them  suspended.<br \/> As I said this is the most unexpected battle of your life. If you  don\u2019t read the rules, you will be badly defeated. Stay calm. Play smart.  But always be focused. <\/p>\n<p>Source &#8211; http:\/\/xpressionsdpka.wordpress.com\/2013\/07\/03\/fight-498a-know-your-rights\/<\/p><\/div>\n<div class=\"fb-background-color\">\n\t\t\t  <div \n\t\t\t  \tclass = \"fb-comments\" \n\t\t\t  \tdata-href = \"https:\/\/www.wakilsahab.in\/news\/know-your-rights-for-pre-arrest-arrest-and-post-arrest-under-498a\/\"\n\t\t\t  \tdata-numposts = \"5\"\n\t\t\t  \tdata-lazy = \"true\"\n\t\t\t\tdata-colorscheme = \"light\"\n\t\t\t\tdata-order-by = \"social\"\n\t\t\t\tdata-mobile=true>\n\t\t\t  <\/div><\/div>\n\t\t  <style>\n\t\t    .fb-background-color {\n\t\t\t\tbackground:  !important;\n\t\t\t}\n\t\t\t.fb_iframe_widget_fluid_desktop iframe {\n\t\t\t    width: 100% !important;\n\t\t\t}\n\t\t  <\/style>\n\t\t  ","protected":false},"excerpt":{"rendered":"<p>Here are few rights* that NATIONAL COMMISSION OF HUMAN RIGHTS define when it comes to ARRESTS. Please share it with all. Make sure that no innocent is arrested just because they did not know about their rights. PRE-ARREST The power to arrest without a warrant should be exercised only after a&nbsp;reasonable satisfaction is reached, after [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2954],"tags":[],"class_list":["post-3457","post","type-post","status-publish","format-standard","hentry","category-498a"],"_links":{"self":[{"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/posts\/3457","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/comments?post=3457"}],"version-history":[{"count":1,"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/posts\/3457\/revisions"}],"predecessor-version":[{"id":12410,"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/posts\/3457\/revisions\/12410"}],"wp:attachment":[{"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/media?parent=3457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/categories?post=3457"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.wakilsahab.in\/news\/wp-json\/wp\/v2\/tags?post=3457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}