In case of arrest please ensure that the following specific guidelines are followed while making arrests as laid down by the Hon'ble Supreme Court.
(i) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designation. The particular of all such personnel who handle interrogation of the arrestee must be recorded in a register.
(ii) That the police officer carrying out the arrest 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.
(iii) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre 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.
(iv) 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 Aids Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
(v) The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
(vi) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclosed the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.
(vii) The arrestee should, where he so request, be also examines 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 Inspector Memo' must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
(viii) The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention In custody by a doctor on the panel of approved doctor appointed by Director, Health Services of the concerned State or Union Terri¬ tory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well.
(ix) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.
(x) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(xi) A police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.
Rights of the Public:
Article 21 of the Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. Every person has the right to live with human dignity which include guarantee against torture and assault.
Article 20(3) of the Indian Constitution gives the individual protection against self incrimination.
Right to be informed of the grounds of arrest (Section 50, 55 and 75 of the Cr.P.C. & Supreme Court Judgement in Writ Petition (Crl) No. 539 of 1986 D.K. Basu Vs State of West Bengal.
Right not to be subjected to unnecessary restraint (Section 49 of Cr.P.C.).
Right against arbitrary or illegal detention in custody (Section 56, 57 and 76 of Cr.P.C.).
Right to be released on bail if arrested (Section 436, 43, 50(2) and 167 of Cr.P.C.)
Right to obtain receipt when property is seized (Section 100(6) and (7) of the Cr.P.C.).
Right not to be detained for more than 24 hrs after arrest without judicial scrutiny (Section 57 of Cr.P.C.).
Right to medical examination at his behest to disprove the commission of an offence by him or to establish commission of an offence against his body by others (Section 54 of the Cr.P.C.).
Right to a fair and speedy investigation (Sec. 309 CRPC).
Right to legal aid at the expense of the State in certain cases (Sec. 304 of the Code).
Any person when arrested has the right to inform his friend/relative of his arrest or detention (Supreme Court Judgement in Writ Petition (Crl) No.539 of 1986 D.K. Basu Vs State of West Bengal).
Any person arrested/detained without reasonable grounds has the right to take shelter of the Court U/S 220 IPC.
Nothing is an offence which is done in the exercise of the right of private defence(Sec. 96 of IPC).
Rights of Women:
Every woman has a right to lodge a complaint in the police station , if she is forced to have sexual intercourse against her will (Sec. 376 of IPC).
Every woman has a right to take legal action against any person who assaults or tries to outrage her modesty by any deliberate constant gesture or physical force(Sec. 354 of IPC).
A woman has the right to lodge a complaint if she is being harrassed, even teased and passed rude remarks in public places like buses, trains, roads etc. (Sec. 354 of IPC).
Every woman has a right to take legal action against her husband if she is being tortured both physical and mentally or tortured for not agreeing to the demand of money or valuables (Sec. 498(A) of IPC).
If the relations of the husband of a woman or her mother-in-law or any other relatives, torture her and demand money, valuable articles from her parents, she can lodge a complaint against them. (Sec. 498(A) of IPC).
If a woman has been kidnapped and either forced against her will to marry any person or to have sexual intercourse, a crime has been committed and she has the right to lodge a complaint. (Sec. 366 of IPC).
If any person demands or requests for sexual favours, passes sexually coloured remarks, or verbally or non-verbally conducts himself in a sexual manner to the woman at her work place, then she has the right to complain against this harrassment to her employer and the complaint would be lodged through as per procedure/guidelines of the Supreme Court. (Supreme Court judgement in Writ Petition No-666-700 of 1992 in Vishaka and others Vs State Of Rajasthan).
A woman if she is a witness has a right to be examined in her own house in the presence of her close relatives(Sec.160 of Cr.P.C.).
A woman should not sign the FIR unless she is satisfied that it is accurate. (National Commission for women).
If the officer concerned refuses to register the FIR, a copy of the complaint should be sent to the Superintendent of Police immediately ( N.C.W.).
Every woman has the right to take legal action by approaching the Court if the officer in charge does not take any action on the complaint(N.C.W.).
Rights of child:
The UN convention on the Rights of Child which lndia ratified in 1992, lists the following as the Rights of the child.
The Right to survival : According to the convention, the "Right to survival includes the right to life, the attainable standard of health, nutrition and an adequate standard of living. It also includes the right to a name and nationality". These rights seek to ensure that the children have nutritious food, potable drinking water, a secure home and access to health facilities.
The Rights to Protection : According to the convention, this right includes freedom from all forms of exploitation, abuse and inhuman or degrading treatment. This Includes the right to special protection in situations of emergency and armed conflict. The aim is simple, to protect vulnerable children from those who would take advantage of them and to safeguard their minds and bodies.
The Right to development : The right includes the right to be educated, to receive support for development and care during early childhood and to social security. It also includes the right to leisure, to recreation and to cultural activities. This right seeks to ensure that children can study and play with whomever they want, practice their own religion and culture and accept their own uniqueness of other cultures and religion.
The Right to participation : According to the convention, the Riqht to participation accords the child access to appropriate information and the freedom of thought and expression, conscience and religion. In addition to this, one ought to respect the views of the child. The aim here is to see that the children are able to develop their own set of values and principles and that they have the opportunity to express themselves and their own opinions.
Apart from the Rights of Child laid down by the U.N.Conventions following are some of the Rights of child laid down by different Acts & the Indian Constitution :
No person below eighteen years of age shall be allowed to work in any mine or part thereof (The Mines(Amendment) Act 1983).
No child who has not completed his fourteenth year shall be required or allowed to work in any factory(The factories Act, 1948).
The Juvenile Justice Act, 1986:
The Juvenile Justice Act was enacted to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters related to and desposition of delinquent juveniles.
CRIME PREVENTION TIPS
1. Law puts an obligation on every citizen to help Police fight crime. Render all assistance to the Police.
2. Report to the Police about any stranger moving in suspicious circumstances.
3. Keep your neighbor’s informed if you are leaving your house unattended for some days.
4. Park your vehicles only at authorized parking places.
5. Lock the doors of your vehicles preferably using central locking system.
6. Keep your doors shut at all times. Confirm the identity of any visitor before opening your door.
7. Inform Police Control Room on Telephone Number 100, in case of any kind of emergency.
8. Adopt „Neighborhood Watch Scheme‟ in consultation with your local police station.
9. Get verification of servants done through the police.
10. Watch for any suspicious looking object at crowded places.
HELP DHALAI TRIPURA POLICE TO SERVE YOU BETTER
1) Whenever you are in need of police assistance.
2) When you see an accident on the road which requires medical attendance.
3) When you see a suspicious object such as a bag, briefcase, doll, etc abandoned in a public place, it could be a bomb.
4) When a public servant is demanding a bribe for doing your legitimate work.
5) Whenever you notice a suspicious person moving in your neighborhood.
Please infor nearest Police station.
DO’s & DON’TS
► Keep your doors locked and windows covered even in daytime.
► Properly check whether the doors and windows of your house are closed and locked when you are going out.
► Fix grills on windows and glass paneled doors.
► Inform your neighbours about your absence from your home for a long or short period.
► Insure all valuable properties like VCR, TV etc.
► Mark valuables with an identification number like your Ration Card, Passport or Driving licence number.
► Provide lights at the exit points of your house.
► Install an alarm system and learn how to use it.
► Monitor your alarm system and arrange for guard response .
► Do not keep huge amount of cash and ornaments in the house. Use Bank lockers.
► Do not sleep near an open window during the night. A burglar could snatch the ornaments from you. Keep your bedroom locked from inside.
► Do not disturb the scene, if you notice theft in your house, wait for the arrival of police otherwise it will lead to tampering of evidence like fingerprints, footprints etc.
► Do not allow any stranger to enter your house, when you are alone without finding out his identity. Beware of persons coming to your house under the pretext of repairing/selling things, conducting meter readings etc.
► Do not wear heavy ornaments while travelling alone.
► Do not open your bag containing valuable like cash and ornaments, while travelling in public places.
► Do not go alone with cash and jewelry during the night time.
PREVENT VEHICLE THEFTS
► Do not keep vehicles in your house compound without locking.
► Two wheelers should be kept in the safe places after tying with a chain and lock.
► When you park your vehicle in the parking area, ask somebody to keep an eye over it.
► Never leave the vehicle door unlocked. Nor the windows partially open. Make sure that quarter glasses are properly secured.
► Never leave the key dangling in the ignition.
► Double-check all doors (including the boot) to ensure that they are properly secured.
► Etch registration number of your car on the rear & front window screens and windowpanes.
► Do not leave valuables in your car even if it is locked.
► Cut down on extra fittings, as these tempt prospective thieves.
► Install a car alarm
► Never leave important documents in the glove box or boot
► Never identify your key ring with your name
► Do not offer a lift to anyone you do not know
► If someone needs assistance, stop some distance away and communicate through locked doors and partially opened window. Always stay in the car with the engine running. Tell them you will send help.
► In case of theft, immediately inform nearest Police Station, dial 100.