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Press Note

No Arrest Without Sufficient Evidence

 

Gurdaspur Police has issued broad guidelines to bring transparency in the arrest. It is going to prevent the misuse of the provision of arrest. Some of the guidelines are as follows:

 

1. The guidelines issued by the Supreme Court regarding arrest in DK Basu case will be followed in letter and spirit.

2.† No one will be locked up in the lock up of Police Station without effecting arrest.

3. There will be a transition room in every Police Station at the entry gate of the police station. Examination or interrogation of a person called in the police station will be carried out in this transition room only.

4.† Arrest will be effected if and only if there is sufficient evidence on case file against the person to be arrested. If the investigating officer makes his prima facie mind to arrest a person in any FIR, he will inform about it to the DSP concerned with all the facts and circumstances. The DSP after visiting the police station or over telephone will order to arrest the person if he is convinced with proof and evidence collected by the Investigating officer against the person.

5.† After that an entry will be made in the daily diary regarding arrest and the person will be arrested with due procedure of law.

[You can approach our officers any time on our helpline numbers or e-mails, if you or your family members are taken into custody without justification]

 

No arrest without sufficient proof 

†††††††† The district police chief has issued instructions regarding personís arrest as per guidelines issued by the apex court. No one would be locked up in police station without effecting arrest. A person would only be arrested when the investigating officer has sufficient evidence. If the investigating officer makes prima facie mind to arrest a person in any FIR, he has to inform the DSP concerned about it with all facts and circumstances.


†††††††† The DSP after visiting the police station or over telephone will order personís arrest if he is convinced with proof and evidence collected by the investigating officer. After that an entry will be made in the daily diary regarding arrest and the person will be arrested with due procedure of law. Arrest memo in the prescribed format would be filled in certain cases like murder, kidnapping, robbery, dacoity, rape, snatching, theft, burglary, NDPS, etc.


Guidelines in the DK Basu case

†††††††† In the Para 36 of the judgment in the petition D.K. BASU v State of West Bengal given by the Honourable Supreme Court of India the following safeguards are available for the citizens to avoid indiscriminate arrest:

 

36.We, therefore, consider it appropriate to issue the following requirements to be followed in† all cases of arrest or detention till legal provisions are made in that behalf as preventive measurers:

(1) 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 insist be recorded in a register.

 

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