Obligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person
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Summary
Police or any person who makes an arrest must immediately inform a friend, relative or any person nominated by the arrested person about the arrest and where the arrestee is being held. The arrested person must be told they can nominate someone. Who was informed must be entered in a station book, and the magistrate who receives the arrestee must verify these steps.
Example
Priya is arrested after a neighbourhood fight and taken to the police station. She names her brother Rohan as the person to inform. The arresting officer calls Rohan straightaway, notes Rohan's name in the station book, and tells Priya she can nominate someone. At the time Priya is produced, the magistrate checks the entry.
Bare Act
Enacted text(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.
(2) The police officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of Sub-Section (2) and Sub-Section (3) have been complied with in respect of such arrested person.
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