There are guidelines of Supreme Court to protect a person' life when he is in police custody.
There is no provision in law which authorises police to torture a person when he may be in police custody.
In 24 hours after arrest, the man has to be produced before Magistrate. A medical examination of a person can be ordered before he is arrested and when he is produced before Magistrate, so as to rule out possibilities of physical torture.
And yet some people have excessive fears of police custody. Particularly, when a person has lot of personal enmity with many big people.Or when he may be illiterate and poor.
Here, there are some serious dark areas. The law is lax. There are not enough safeguards.
The courts will be always willing to prevent physical torture or excesses on a man in police custody. But the judge should be first apprised of the genuine fears. If he is convinced, he can pass all necessary orders.
There have been some cases where Courts have directed that interrogation of accused in police custody must be made only in presence of his lawyer or that it must be video graphed.
But orders of judges depend on facts of each cases.
Haresh Raichura
29/11/13
There is no provision in law which authorises police to torture a person when he may be in police custody.
In 24 hours after arrest, the man has to be produced before Magistrate. A medical examination of a person can be ordered before he is arrested and when he is produced before Magistrate, so as to rule out possibilities of physical torture.
And yet some people have excessive fears of police custody. Particularly, when a person has lot of personal enmity with many big people.Or when he may be illiterate and poor.
Here, there are some serious dark areas. The law is lax. There are not enough safeguards.
The courts will be always willing to prevent physical torture or excesses on a man in police custody. But the judge should be first apprised of the genuine fears. If he is convinced, he can pass all necessary orders.
There have been some cases where Courts have directed that interrogation of accused in police custody must be made only in presence of his lawyer or that it must be video graphed.
But orders of judges depend on facts of each cases.
Haresh Raichura
29/11/13
