DK Basu Guidelines does not include the following
a. The police official should wear clear accurate and visible identification at the time of arrest
b. The person arrested detained or being interrogated has a right to inform a relative friend or well-wisher
. Confessions made in police custody can be used as evidence against the accused
d. A memo of arrest should be prepared at the time of arrest
Answers
Answer:
Understanding Our Criminal Justice System
According to Article 22 of the Constitution, every person has a Fundamental Right to be defended by a
lawyer. Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen
who is unable to engage one due to poverty or other disability.
4 key players in the criminal justice system are the police, the Public Prosecutor, the defence lawyer
and the judge.
Role of the Police in Investigating a Crime
An important function of the police is to investigate any complaint about the commission of a crime.
The investigation includes recording statements of witnesses and collecting different kinds of evidence.
On the basis of the investigation, the police are required to form an opinion. If the police think that the
evidence points to the guilt of the accused person, then they file a charge sheet in the court. It is not the
job of the police to decide whether a person is guilty or innocent, the judge has to decide this.
Meanwhile, the rule of law means that everyone including the police is subject to the law of the land.
Police investigations have to be conducted in accordance with the law and with full respect for human
rights. The Supreme Court has laid down guidelines that the police must follow at the time of arrest,
detention and interrogation. The police are not allowed to torture or beat or shoot anyone during the
investigation. They cannot inflict any form of punishment on a person even for petty offences.
Article 22 of the Constitution
Article 22 of the Constitution and criminal law guarantee the following Fundamental Rights to every
arrested person:
• The Right to be informed at the time of arrest of the offence for which the person is being arrested.
• The Right to be presented before a magistrate within 24 hours of arrest.
• The Right not to be ill-treated or tortured during arrest or in custody.
• Confessions made in police custody cannot be used as evidence against the accused.
• A boy under 15 years of age and women cannot be called to the police station only for questioning
Explanation: