CITIZEN'S CHARTER
Office Of The DGP,
State Police Headquarters,
Sikkim Police
SP/EAST - (03592) 284416
SP/NORTH - (03592) 234242
SP/WEST - (03595) 250763
SP/SOUTH - (03595) 263726/264630
RIGHTS OF THE PERSONS ARRESTED/DETAINED IN POLICE CUSTODY AS PER NHRC GUIDELINES AND HON'BLE SUPREME COURT JUDGEMENT.
PRE-ARREST
a) The power to arrest without a warrant should be exercised only after a reasonable satisfaction is reached,
after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both
the person's complicity as well as the need to affect arrest.
b) Arrest cannot be justified merely on the existence of power, as a matter of law, to arrest without a warrant in a cognizable case.
c) The question whether the power of arrest has been exercised reasonably or not is clearly a justiciable one.
d) Arrest in cognizable cases may be considered justified in one or other of the following circumstances:
(i) The case involves a grave offence like murder, dacoity, robbery, rape etc., and it is necessary to arrest the
suspect to prevent him from escaping or evading the process of law.
(ii) The suspect is given to violent behavior and is likely to commit further offences.
(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested.
(iv) The suspect is a habitual offender who, unless arrested, is likely to commit similar or further offences.
e). Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission.
f). The power to arrest must be avoided where the offences are bailable unless there is a strong apprehension of the suspect absconding.
g). Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designation.
The particulars of police personnel carrying out the arrest or interrogation should be recorded contemporaneously, in a register kept at the police station.
ARREST:
1. As a rule use of force should be avoidable while affecting arrest.
However, in case of forcible resistance to arrest minimum force to overcome such resistance may be used.
However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided.
2 That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and
such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable
person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.
3 The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted at any cost.
4 Searches of the person arrested must be done with due respect to the dignity of the person, without force or aggression
and with care for the person's right to privacy. Searches of women should only be made by other women officers with strict regard to decency.
5. The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly in accordance with the law.
6 A person who has been arrested or detained and is being held in custody in a police station or interrogation center or other lock-up,
shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon
as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo
of arrest is himself such a friend or a relative of the arrestee.
7. The time, place of arrest and venue of custody of an arrestee must be notified by the police
where the next friend or relative of the arrestee lives outside the district or town, through the Legal
Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
8. The person arrested must be made aware of the above right to have someone informed of his arrest or detention as soon
as he is put under arrest or is detained.
9. An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also
disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars
of the police officials in whose custody the arrestee is.
10. As far as is practicable, women police officers should be associated where the person or persons being arrested are women.
The arrest of women between sunset and sunrise should be avoided.
11. The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries,
if any present on his/her body, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee
and the police officer effecting the arrest and its copy provided to the arrestee.
12. Where children or juveniles are sought to be arrested, no force or beatings should be administrated under
any circumstances. Police officers, may for this purpose, associate respectable citizens so that the children
or juveniles are not terrorized and minimal coercion is used.
13. Where the arrest is without a warrant, the person arrested has to be immediately informed of the grounds
of arrest in a language, which he or she understands. Again, for this purpose, the police, if necessary may take
the help of respectable citizens. These grounds must have already been recorded in writing in police records.
The person arrested should be shown the written reasons as well and also given a copy on demand.
14. Apart from informing the person arrested of the above rights, the police should also inform him of his right to
consult and be defended by a lawyer of his choice. He should also be informed that he is entitled to free legal aid at state expense.
15. When the person arrested is brought to the police station, he should, if he makes a request in this regard, be given prompt medical assistance.
He must be informed of his right. Where the police officer finds that the arrested person is in a condition where he is unable to make such request
but is in need of medical help, he should promptly arrange for the same. This must also be recorded contemporaneously in a register.
The female requesting for medical help should be examined only by a female registered medical practitioner.
16. 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 control room and District/State Headquarters. There must be a monitoring mechanism working round the clock.
17. The information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the
arrest to the District Control Room and Police Control Room within 12 hours of effecting the arrest. Further at District/Central
Police Control Room, it should be displayed on a day-to-day basis at a conspicuous place on a notice board. Every police station
shall also display the details of arrestees at a conspicuous place for the knowledge of the public.
18. As soon as the person is arrested, police officer affecting the arrest shall make a mention of the existence or non-existence of
any injury(s) on the person of the arrestee in the register of arrest. If an any injuries are found on person of the arrestee, full
description and other particulars as to the manner in which the injuries were caused should be mentioned in the register, which entry
shall also be signed by the police officer and the arrestee. At the time of release of the arrestee, a certificate to the above affect
under the signature of the police officer shall be issued to the arrestee.
19. If the arrestee has been remanded to police custody under the orders of the court,
the arrestee should be subjected to the medical examination by a trained Medical Officer
every 48 hours during his detention in custody by a doctor on the panel of approved doctors
appointed by Director, Health Services of the concerned State or Union Territory. At the time of
his release from the police custody, the arrestee shall be got medically examined and a certificate
shall be issued to him stating wherein the factual position of the existence or non-existence of any injuries on his person.
20. Copies of all the documents including the memo of arrest, referred to above, should be sent to the jurisdictional Magistrate for his record.
AFTER ARREST
(i) The person under arrest must be produced before the appropriate court within 24 hours of arrest.
(ii) The person arrested should be permitted to meet his lawyer at any time during the interrogation.
(iii) The interrogation should be conducted in a clearly identifiable place, which has been notified for this purpose by the Govt.
The place must be accessible and the relatives or friend of the person arrested must be informed of the place where interrogation is taking place.
(iv) The methods of interrogation must be consistent with the recognized rights to life, dignity and liberty and right against torture and degrading treatment.
RIGHTS AND POLICE RESPONSIBILITIES
"Human Rights" means the right to life, liberty, equality and dignity as guaranteed by the Indian Constitution.
Every human being is entitled to certain natural rights by virtue of his being a member of human society. These rights are called human rights.
The supreme court while interpreting Article 21 of the Constitution of India emphasized that a human being has not only a right
to live but has a fundamental right to live with dignity and it is the duty of every other human being to respect that right.
As founder member of United Nations Organizations, India is a party to "the Universal Declaration of Human Rights 1948".
India also ratified the two international conventions on.
(a) Civil and Political Rights and (b) Economics, Social and Cultural Rights.
These Universal Declarations of Rights (1948) were incorporated as fundamental rights
in the Indian Constitution listed in Article 14 to 32. Some of the important among them are:
i. Right of every citizen, of equality before law and equal protection of laws.
ii. Right to freedom of speech.
iii. Right to assemble peacefully and without arms.
iv. Right to form Unions.
v. Right not to be prosecuted and convicted for any offence except for violation of law in force at the time of committing the offence.
vi. Right not to be compelled to be a witness against himself.
vii. Right not to be deprived of his life and liberty except according to procedure established by law.
viii. Right not to be arrested with out informing the grounds and to be produced before a magistrate as early as possible but not later than 24 hours.
ix. Right to consult any one of his choice on his arrest.
x. Right to defend himself against any allegation, and
xi. Right to seek redressal by way of writs for any of the above violations made against him.
RIGHTS OF THE VICTIM
(a). When a cognizable case is presented, it should be registered forth-with by the Officer – in - Charge, furnishing a copy free of cost.
(b). Render immediate medical aid by moving him to hospital if he is injured.
(c). Protect him from further danger if necessary.
(d). Inform the stages of investigation form time to time as a duty.
(e). Do not make the complainant go round the police station that he feels that he is being harassed more by the police than the accused.
(f). Furnish the necessary documents to the victim or his legal heirs of accident cases free of cost, to enable them to claim compensation in tribunals.
(g). Do not ask the complainant to go to the jurisdictional police station if they approach the wrong police station. Register the case and transfer it.
(h). Let the complainant feel free when he represents his case and not frighten him to give a wrong impression that the police are not his friends.
RIGHTS OF WITNESSES
(a). Examine witnesses at their place and do not call them to police station unless it is difficult or impractical.
(b). Examine women and children at their places of residence.
(c). To be dealt in a courteous manner.
(d). Child witnesses should be handled with special care.
RIGHTS OF WOMEN
a. Women shall be shown special treatment wherever they interface with the system whether as complainants,
victims, accused, witnesses or inmates of institutions, giving respect for gender dignity and hesitative concern for women.
b. In case of arrest, they will be kept in separate lock up from the men.
c. Recognizing the children of custodialised women as innocent, the State shall conscientiously respect the rights
and privileges of the children accompanying the women in custody.
d. Women shall be arrested only in case of absolute necessity and only between sun rise and sunset, except in exceptional cases.
f. Arrests and search of women including interrogation shall be conducted according to strict standards of decency.
Women police officers shall search women and escort women prisoners.
g. Basic amenities and privacy shall be provided to women prisoners.
RIGHTS OF JUVENILES
Juvenile Justice (Care and protection of children) Act 2000, is a human rights legislation and is enacted to lay
down procedures whole dealing with neglected and delinquent juveniles. The following are some of he important aspects relating to handling of juveniles.
a. When a delinquent juvenile (Juvenile in conflict with law) if arrested for committing any offence, shall not be kept in lockup nor handcuffed.
He shall be released on bail whether the offence is bailable or non-bailable provided an undertaking is given
by his parents or guardians to take care of him and for production in court.
If any body does not offer surety, he shall be forwarded to observation home pending enquiry.
b. To interrogate a juvenile delinquent with sympathy, care and caution.
c. Question the juvenile in isolation and never be authoritative.
d. Whenever a statement is to be recorded from a juvenile witness, to be kept at ease.
e. Do not launch security proceedings against a juvenile.
OUR REQUEST TO THE PUBLIC
1. To inform the local police about the persons living in the area without any regular means of livelihood and
living a lavish life or persons involved in any type of nefarious activities.
2. May inform the local police any suspicious activities, which may affect their safety and security.
3. The particulars of the domestic help and the tenants may be sent to the local police for verification to prevent entry
of criminals and anti national elements in their houses.
4. To observe Traffic rules, and cooperate with the traffic police for smooth mobility and for avoiding inconvenience to others.
5. To adopt various home security and vehicle safety measures advised by the local police to prevent thefts and other crimes.
6. To assist local police in all possible manner for prevention and detection of crime and to maintain law and order.
7. Harassment to tourist by travel agents or taxi driers
8. Sale and distribution of drugs or psychotropic substances abuse especially by young members.
9. Activities which could potentially lead to disaster like handling of hazardous and explosive substances etc.
