Ten important human rights related to the police station

OVERVIEW

Ten important human rights related to the police station

There are laws related to every crime in India. Then whether it is related to theft or killing someone. Similarly, if the police arrest a person, they are also given rights. But we are often unaware of our rights, and the police take undue advantage of them. We all have rights under the law. In this blog, you will know what rights you can exercise when you go to a police station.

The rights given to the common person in the police station and police lockup are called human rights. We don't know how many cases are in which human rights are violated in police stations, and the main reason is a need for more awareness. Even today, most people are not aware of their rights. If the police violate your human rights, you can complain about it to the police officer of the district or the officer in charge of the police station, or the Human Rights Commission.

10 Important Human Rights:

  1. Police cannot refuse to register FIR:

According to the Police Regulation Rules, whoever goes to the police station to file an FIR, i.e., First Information Report, then it is the responsibility of the police to register the FIR. Police cannot refuse you to register an FIR. Under Section 154(4) of CrPC, it is the responsibility of the police to give you a copy free of cost after registering the FIR. Many times, it happens that the police say that this is not the case at our police station. But in this, the Supreme Court has clearly stated that if there is no case related to that police station, the police will register zero FIR. After registering Zero FIR, that case is sent to the jurisdiction of the concerned police station. So, if any police officer refuses to write your FIR, then you can get the FIR registered by citing section 154.

  1. Police cannot beat or inhumane treatment in lockup:

After arrest, the police cannot assault and inhumanely treat any criminal as long as he is in the police lockup. Honorable Supreme Court has also ordered many times in its decision that the police cannot assault or inhumanely treat any person brought to the police station. If any police officer does this, strict action will be taken against him.

  1. Cannot arrest any person without assigning any reason:

According to Section 150 of CrPC, the police must tell the reason for the person's arrest. Whenever the police go to arrest the person, he must first describe what crime he has committed. Only after this, the police can arrest. The detained person can ask the police for a reason for the arrest, and the police will have to give the reason. The police may not feel like giving reasons.

  1.  Police cannot keep in custody for more than 24 hours:

According to Section 167 of CrPC, the police cannot hold any person in custody for more than 24 hours. The arrested person is required to be produced before the nearest court within 24 hours. If a person is arrested from another state or city and it takes 24 hours in the concerned police station, he is produced before the magistrate the next day. This means that the travel time is included in these 24 hours. The arrested person cannot be kept in a police lockup for more than 24 hours.

  1. You cannot be kept hungry in the police station:

According to the police regulation rule, the arrested person cannot be hungry at the police station. It is the responsibility of the police to feed him on time, and for this, the police also get an allowance. The next time, if the human rights of an arrested person are violated, and the police do not give him food, he can raise his voice and demand food to eat.

  1. Police cannot handcuff the criminal:

No criminal can be arrested by handcuffing. For this, our Honorable Supreme Court has ordered several times that the person taken into police custody and the undertrial prisoner should not be handcuffed while being presented from one prison to another, from the police station to the court, or from the court to the prison. Sometimes, there are habitual criminals also; in such cases, permission has to be taken from the court to arrest with handcuffs.

  1. Police have to undergo a medical examination of the person on remand within 48 hours:

If the police take an undertrial prisoner on remand within 48 hours, the police must conduct a medical examination of the person taken on remand. If the police do not do this, it will violate the orders of the Supreme Court. For this, the police can also be jailed.

  1. Informing the family of the arrested person:

When the police arrest a person, they first give information to the arrested person's house. Under the law, the detained person has the right to inform family members or relatives. For this, the police themselves give you a mobile to talk to the family; if there is no arrangement for a mobile, then it is the responsibility of the police to send information through correspondence, and this right has been given to the common citizen by the Supreme Court. We have been given all these rights in CrPC.

  1. Obtaining bail at the police station:

Under Section 436 of CrPC, the police can grant bail to the criminal from the police station itself. There are two types of crimes, one is a severe crime, and the other is a crime of heinous nature. In the works of serious crimes, the police can give bail to the criminal from the police station itself.

  1.  Only women police can interrogate the rape victim:

Before the Nirbhaya case and since that case, the Supreme Court has said in its orders that only women police officers will be able to interrogate any woman who is arrested and brought to the police station. Police cannot use indecent behavior or obscene language with the women coming to the police station during interrogation. And always only female police officers will be able to interrogate the rape victim. The reason is that the woman has already suffered mental and physical pain, so the police should show sensitivity towards such a woman. The Supreme Court has also ordered that the report of the rape victim will be written by women police officers only, and the inquiry will also be made by women policemen only. If this is not possible, a woman police officer must be present at the time of interrogation, and a woman from the victim's family can also stay with her.

We hope you liked our written blogs. You can also read blogs on other legal topics available on our website. You can view our services by visiting our website. If you want any Civil or Criminal guidance or help of any Lawyer regarding the matter, You may reach us via mail at help@vakilkaro.co.in or call us at  +91 9828123489  to resolve any legal problem.

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