Procedure of arrest and duties of officer making arrest
AI Assist
Summary
A police officer making an arrest must wear a clear, visible name identification and prepare a written memorandum of the arrest. That memorandum must be attested by either a family member of the arrested person or a respectable local witness and must be countersigned by the arrested person. If a family member does not attest, the officer must tell the arrested person they can have a relative or friend informed of the arrest.
Example
Priya is arrested at home after a neighbour’s complaint. The arresting officer shows his name badge, prepares a memorandum attested by neighbour Meera, gets Priya to countersign it, and informs her she may have a relative or friend notified of the arrest.
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 named by him to be informed of his arrest.
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