Many of us do not understand the various twists and turns of the law. Since we don’t usually act against the law, we don’t even try to understand the law. Yet many times we have to be victims of police harassment in various conspiracies. Usually we know that the police arrest any person on suspicion and torture him physically and mentally in the lockup of the police station. But the reality is different. The police cannot arrest you without 41CRPC notice. What should you do in such a situation? Take a look at what the law gives you.
Who can make an arrest?
The only police officer, magistrate, or even one who has an arrest warrant.
Arrest without warrant
An ordinary person can only arrest someone if that accused person has committed a non-bailable offense. A magistrate (executive or judicial) can arrest someone without an arrest warrant. If a criminal commits a crime knowingly, he can arrest the criminal without an arrest warrant.
How is the arrest made?
If the police come to arrest a criminal on the order of a magistrate, they will not be able to hand over the case to the accused. The police have to get permission from the magistrate to handcuff the accused. If the accused does not cooperate during the arrest, then the police can arrest the accused in various ways.
Your right to be arrested
An accused is arrested only when the accused is directly or indirectly involved in a crime and the person is required to appear in court. The perpetrator should not be subjected to any inhumane treatment until the culprit is proved guilty in court. The arrest warrant must be signed by the Appellate Officer and must have the seal and stamp of the court. If these are not available, then the arrest warrant is not valid.
Arrest warrant
Police can make an arrest without an arrest warrant or permission from a magistrate. This is possible only if the accused is on the verge of committing a serious crime or tries to escape and does not have time to seek the permission of the magistrate.
When is an arrest without an arrest warrant?
In certain cases, someone can be arrested without a warrant. However, with or without a warrant, the accused must give an arrest memo to arrest someone. That arrest memo must be signed by two neutral adult mentally balanced citizens. The arrest memo being issued to the accused or the person being arrested must state the reasons for the arrest and the section or section of Indian law.
The accused may undergo a medical checkup after his arrest. The accused may remain silent during police interrogation after his arrest. He has this legal right Section 20 (3)
The police can call any person in need of government work or in search of something. However, in case of sending a call, the person who is being called should be given a written call memo to the police, the reason for calling should be written there with details.
Search warrant
But if you suddenly want to search or search your house, shop, you must show the search warrant to the police and the person whose house, shop, warehouse or office is being searched, etc., must be given a copy of the search warrant.
Search warrant expiration
Anyone who cannot issue a search warrant will do so by a court magistrate. The police will have to start a search operation within 48 hours from the time and day from when the search warrant will be issued. After 48 hours, the police cannot conduct any search operation on the basis of that old search warrant.
Document Require at the time of arrest
The police are obliged to give you a written memo regarding the reason for your arrest, the name of the arresting officer and the time of the arrest. If the case is taken to court, its importance in the case is immense.
What to do when Harassment in police lockup
Within 24 hours of your arrest, the police are obliged to present you in front of the magistrate of the police station in which you were arrested. Without the permission of the magistrate, you cannot be kept in the lockup of the police station for one more day. If for any reason the work of the court is closed or on leave, then you have to be produced at the official address or home of the magistrate or judge.
Female police
women’s rights : No woman can be arrested or searched without a female police officer. In this case, if you are a woman, you must be arrested or searched by a female police officer. By law, as long as you are in a police lockup, the police cannot torture you physically or emotionally. Can’t even slap which it human rights violations.
What to do if the police harass?
Usually the police cannot arrest you if you have an anti-government opinion. Because the right to freedom of speech is recognized in our constitution. But the police filed a case under another section. You may be a victim of police harassment if you have committed the following offenses on social media.
- If you use an obscene word in a post on your social media that accuses another person of being insulted.
- Trying to insult or disrespect a person in a baseless way without proof.
- If you write something disrespectful or post a picture insulting the character of a person.
- If you post something like this that destroys communal harmony.
- If you post something that hurts the spirit of religion.
- You could be arrested for posting pornography on social media.
So avoid all these issues as a responsible citizen. Do not voluntarily hand over weapons to the police through your foolish actions. Be sure to include the phone numbers of any law or local human rights activists or national human rights commission and media and call them if necessary. Anyone can’t arrest any children who is below age 18 – if police arrest which is under children’s rights violation offence act.
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