Procedure of arrest and duties of officer making arrest
AI Assist
Summary
A police officer making an arrest must wear a clear, visible name, prepare a written memorandum of arrest attested by at least one witness (either a family member of the person arrested or a respectable local), and get the arrested person to countersign it. If the memorandum is not attested by a family member, the officer must inform the arrested person that they have a right to have a relative, friend, or another named person informed of the arrest. These steps ensure clear identification and a recorded right to notify someone.
Example
Karan is arrested at home. The arresting officer shows his visible name badge, prepares a memorandum attested by Karan's mother, and obtains Karan's countersignature. Because the memorandum is attested by a family member, the officer need not separately tell Karan that he can have a relative informed, and the arrest is recorded with the officer's identity.
Bare Act
Enacted textEvery police officer while making an arrest shall-
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(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
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(b) prepare a memorandum of arrest which shall be-
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.
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