Question

1. Now let us return to the story of Shanti and answer the following questions: Jha
a) When Shanti was arrested for theft. S.l. Rao also kept her brother Sushil in the
police lock up for two days. Was it legal for the police to detain him? Does it
violate the D.K. Basu guidelines?
b) Did S.I. Rao do enough to question witnesses and compile evidence before
arresting Shanti and filing a case against her? In keeping with the duties of the
police as stated above, what else do you think S.I. Rao could have done as part of
his investigation?
ais
2. Now let us take a slightly different scenario. Shanti and her brother Sushil go to the
police station to complain that Mr Shinde's 20-year old son had stolen Rs 15,000 that
they had been saving up. Do you think that the officer in charge of the Police Station
will promptly lodge an FIR? List a few factors that in your opinion may influence the
decision of the police to register or not register an FIR.
d
e​

Answer 1

Answer:

a) It was not legal for the police to detain Sushil in the lock-up for two days. Yes, it violates the D.K. Basu guidelines.

b) No, S.I. Rao did not do enough to question witness and compile evidence before arresting Shanti and filing a case against her. As a part of investigation S.I. Rao could have taken following steps :

- Preparation of a memo of arrest at the time of arrest which includes the time and date of arrest. ,

- Taking signature of one witness who could include a family member of Shanti.

- Providing information to a relative or friend of Shanti about, her arrest.