Disclaimer: Law is silent before stick of a police man. So do not show law to a police officer. He may show his powerful stick. Laws are argued in Court by Lawyers. With police, in police station, you should behave like a practical and prudent person. Do not rely too much on book-based knowledge given below.
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It is always advisable to carry proof of your identity and residential address with you. If you do not have such proof ready, the police can arrest you under Sec.42. There are many other grounds on which police can arrest a person.
Breaks Applied By Supreme Court on Police's Power to Arrest
On 2-12-2010, Supreme Court gave a break to the POWER OF POLICE TO ARREST in case of Sidhharam V/s. State of Maharatstra 2011 (1) SCC 694.
It tells police, "Do not unnecessary arrest people. You may have power to arrest. But that does not mean that you can arrest people at your sweet will. YOU WILL HAVE TO JUSTIFY WHY IT WAS NECESSARY TO ARREST.
So? What does it mean? It means that if police unnecessarily arrests a person, he or his relative can move High Court to quash the arrest by citing above judgement. Since this is yet a new law, what relief courts give in cases of unnecessary arrests, is yet to be seen.
1) When a Police Constable Comes and says that you are called at police station.
A) First, you can say that Police has to ask you to come as a witness to police station, it has to do so in writing, giving reference to FIR and charges, in connection of crime, in which he wants to ask you some question.
Under Sec. 160. If police thinks that you may be witness or may be knowing something about crime, than he can call you.
Under Sec. 160. If police thinks that you may be witness or may be knowing something about crime, than he can call you.
B) This is for witnesses only. If you are named as an accused in a complaint or FIR, you can politly inform police that since you are an accused, you have right to remain silent, and you cannot call me to police station under this section. If you have some evidence against me, you can certainly come and arrest me. But since I am already made an accused in complaint or FIR, you cannot call me for questionning under this section 160.
2) When You Are Arrested
A) You have been given a right by Supreme Court in 1983 in Sheela Barse Case. It says that immediately after you are arrested, police will ask from you number and address of your relative or friend to whom police is bound to inform immediately about your arrest and grounds, case etc for which you are arrested. (You can give number of your lawyer friend who may be good in trial court procedures.) (Much better it is if you can manage to send a SMS to your relative and friend before you are arrested.)
B) The moment you are detained, (even if still not arrested) you have right to call Magistrate and request for medical examination of your body so that to avoid chances of being beaten up.This is under Sec.54 of Cril. Procedure Code. Your friend can also apply with help of lawyer.
C) In 24 hours, police is bound to produce you before Magistrate. And Magistrate is duty bound to inform you that if you have complain of torture in police custody, you can ask for medical examination.
D) If you are accused, you have right to remain silent and you can refuse to give answer to questions which may incriminate you.
Again read, Disclaimer stated in first para. Take advice of your lawyer and act as per his advice. Not on basis of what is stated here for academic discussion.
Haresh Raichura
21st May,2012
