Wednesday, January 16, 2013
How to report rape to Police? hyderabadpolice.gov.in
Monday, January 7, 2013
Servant Verification - Steps to taken by House Owner
Ø Always check the details of the person who has introduced/referred the servant to
Ø Ask for the name, address and telephone number of servant’s relatives and previous
place of work.
Ø Obtain two references before employing a servant.
Ø Keep photograph & finger prints of your servant.
Ø Keep an eye on the visitors of your servant.
Ø Contact your Beat Constable or Police Station for servant verification.
Thursday, January 3, 2013
How to Report Eve Teasing?
Ladies Special - Eve Teasing
Monday, December 31, 2012
Who is a SHO or Station House Officer in Police Department?
SHO stands for 'Station House Officer'. The rank insignia for a SHO is three stars, and a red
and blue striped ribbon at the outer edge of the shoulder straps.
His ranking is above a Sub-Inspector and below a Deputy Superintendent of Police (DSP).
To clarify further 'Station House' is a synonym for "Police Station', and SHO is incharge officer
of a Police Station in India.
In a Police Station, the Inspector is the SHO or Station House Officer.
What is the procedure after Police Arrest?
(i) The person under arrest must be produced before the appropriate court within 24 hours of the arrest.
(ii) The person arrested should be permitted to meet his lawyer at any time during the interrogation.
(iii) The interrogation should be conducted in a clearly identifiable place, which has been notified for this purpose by the Govt. The place must be accessible and the relatives or friend of the person arrested must be informed of the place where interrogation is taking place.
(iv) The methods of interrogation must be consistent with the recognized rights to life, dignity and liberty and right against torture and degrading treatment.
What procedure should Police follow to Arrest a person?
1. Police Officers carrying out an arrest or interrogation should bear clear identification and name tags with designation. The particular of police personnel carrying out the arrest or interrogation should be recorded contemporaneously, in a register kept at the Police Station.
2. The police officer making an arrest should also record in the case diary, the reasons for making the arrest.
3. As a rule, use of force should be avoided while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. Care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided.
4. 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 arrested and shall contain the time and date of arrest.
5. The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted at any cost.
6. Searches of the person arrested must be done with due respect to the dignity of the person, without force or aggression and with care for the person’s right to privacy. Searches of women should only be made by other women officers with strict regard to decency.
7. The use of handcuffs or leg chains should be avoided and if handcuffing is necessary it should be resorted to strictly in accordance with the law.
8. An arrested person being held in custody is entitled, if he so requests to have one friend, relative or other person who is known to him or likely to take an interest in his welfare told as far as is practicable that he has been arrested and where is being detained.
9. The police officer shall inform the arrested person when he is brought to the Police Station of this right.
10. An entry shall be required to be made in the diary as to who was informed of the arrest.
11. The Police officer should send a copy of the case diary with the reasons for making the arrest of the accused immediately to his Supervisory Officer.
12. 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 Aid Organization in the District and the Police Station of the area concerned telegraphically within a period of 8 to 12 hours of the arrest.
13. As far as practicable women police officers should be associated where the person or persons being arrested are women. The arrest of women between sunset the sunrise should be avoided.
14. The arrestee should, where he so requests, be also examined 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 “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
Ø When the person arrested is brought to the Police Station, he should, if he makes a request in this regard, be given prompt medical assistance. He must be informed of his right. Where the police officer finds that the arrested person is in a condition where he is unable to make such request but is in need of medical help, he should promptly arrange for the same. This must also be recorded contemporaneously in a register. The female requesting for medical help should be examined only by a female registered medical practitioner.
Ø As soon as the person is arrested, police officer effecting the arrest shall make a mention of the existence or non-existence of any injuries on the person of the arrestee in the register of arrest. If any injuries are found on person of the arrestee, full description and other particulars as to the manner in which the injuries were caused should be mentioned in the register, the entry so made shall also be signed by the police officer and the arrestee. At the time of release of the arrestee, a certificate to the above affect under the signature of the police officer shall be issued to the arrestee.
Ø If the arrestee has been remanded to police custody under the orders of the court, the arrestee should be subjected to the medical examination by a trained Medical Officer 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 Territory. At the time of his release from the police custody, the arrestee shall be got medically examined and a certificate shall be issued to him stating wherein the factual position of the existence or of non-existence of any injuries on his person.
15. Where children or juveniles are sought to be arrested, no force or beatings should be resorted to under any circumstances. Police officers may, for this purpose, associate respectable citizens so that the children or juveniles are not terrorized and minimal coercion is used.
16. Where the arrest is without a warrant, the person arrested has to be immediately informed of the grounds of arrest in a language, which he or she understands. Again, for this purpose the police, if necessary, may take the help of respectable citizens. These grounds must have already been recorded in writing in police records. The person arrested should be shown the written reasons as well and also given a copy on demand.
17. Apart from informing the person arrested of the above rights, the police should also inform him of his right to consult and be defended by a lawyer of his choice. He should also be informed that he is entitled to free legal aid at state expense.
18. Information regarding the arrest and the place of detention should be communicated by the police officer effecting the arrest within 12 hours to the District and Central Police Control Rooms. Further at District/Central Police Control Room it should be displaced on day-to-day basis at a conspicuous place on a notice board. Every Police Station shall also display the details of arrestees at a conspicuous place for the knowledge of the public.
19. Copies of all the documents including the memo of arrest, referred to above, should be sent to the illaqa Magistrate for his record.
When can Police Arrest anyone?
RIGHTS EXTENDED TO THE PERSONS ARRESTED, DETAINED IN POLICE CUSTODY AS PER NHRC GUIDELINES AND HON’BLE SUPREME COURT JUDGEMENT IN C.W.P. NO. 09/1994—JOGINDER KUMAR VS. STATE OF U.P. & ORS. AND IN C.W.P. NO. 539/86- D.K. BASU VS STATE OF WEST BENGAL.
a) A person is not liable to be arrested merely on the suspicion of complicity in an offence.
b) No arrest should be made in a routine manner on a mere allegation of commission of an offence made against a person.
c) No arrest can be made merely because it is lawful for the police officer to do so. A police officer must be able to justify the arrest apart from his power to do so.
d) No arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bonafides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest.
e) There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Arrest in cognizable cases may be considered justified in one or other of the following circumstances:
(i) The case involves a grave offence like murder, dacoity, robbery, rape etc., and it is necessary to arrest the suspect to prevent him from escaping or evading the process of law.
(ii) The suspect is given to violent behavior and is likely to commit further offences.
(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested.
(iv) The suspect is a habitual offender who unless arrested, is likely to commit similar or further offences.
f) Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the Police Station and not leave the station without permission.