explain the procedure to be followed for arresting and detaining any person
Answers
Indian Constitution says that when police arrests or " detains a person some procedures must be followed
(i) A person who is arrested and detained in custody will have to-be informed of the reasons for such arrest and detention.
(ii) The person who is attested or detained, shall be produced before the nearest magistrate within a period of 24 hours of arrest.
(iii) This person has the right to consult a lawyer or engage a lawyer for his defence.
(iv) In case of complaint, the magistrate should check the time of arrest by questioning the person arrested.
(v) If the magistrate finds that any person has been unlawfully detained, he shall report the matter to the sessions Judge, who shall take appropriate action in this case.
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Procedure to be followed for arresting and detaining any person:
- A person who is detained and held under custody must be informed why the arrest and detention have been carried out.
- A detained person must, within a 24-hour span of detention, be brought before the nearest magistrate.
- Such a person has the right to consult a lawyer for his defense, or to employ a lawyer.
- In the case of a lawsuit, the Magistrate will verify the time of arrest by interviewing the arrested person.
- If the magistrate determines that any person is detained illegally, the judge who takes suitable action in the matter will report the matter to the Sessions.
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