Guidelines of Bombay high court regarding custodial interrogation of accused
We are of the view that this can be achieved if following
guidelines are followed: (i) In respect of petty offences, such as cases of chain snatching under Section 379, 380 of I.P.C. and similar offences; or where punishment is less than three years; or where offender has been arrested for the first time, he may not be interrogated after 10.00 p. m., and only in exceptional circumstances, interrogation may be undertaken after 10.00 p.m. (ii) Even in respect of habitual offenders of the same category, viz. 379, 380 I.P.C., etc. also, as far as possible, custodial interrogation at night may not be undertaken. (iii) Legal aid, apart from being provided to the police station, shall be provided when remand applications are filed and the learned Magistrate should ask the accused whether he requires some legal aid at that stage and if he shows his inclination of being given legal aid, the State Government should provide legal aid and pay adequate fees to such Legal Aid lawyers. (iv) Custodial interrogation may also be monitored by a senior police officer from time to time, so that if there are excessive interrogations, he can stop such interrogations, at right time. However, the suggestions given by the Petitioner may be taken
into consideration by the Committee, to be constituted by the Director General of Police, since they are experts in the fields and aware of the pros and cons of this field, they shall make proper suggestions and frame guidelines. (v) The Committee shall also be constituted for the purpose of installation of CCTV cameras and surveillance system. (vi) The State shall submit a list of custodial deaths, which have taken place every month. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 2110 OF 2014 Leonard Xavier Valdaris & Ors. ... Petitioners Vs. Officer-in-Charge, Wadala Railway Police Station & Ors. ... Respondents WITH CRIMINAL PUBLIC INTEREST LITIGATION No. 8 OF 2008 Indian Centre for Human Rights and Law Bandra, Mumbai … Petitioners Vs. The State of Maharashtra … Respondent
CORAM : V. M. KANADE, & Dr. SHALINI PHANSALKAR-JOSHI, JJ. DATE : OCTOBER 21, 2015
Does anyone follow these laws? I am a girl and dont have any criminal background.My only fault was I went to Virar police station to enquire about my previous FIR and asked too many questions as per police there(male ego hurt).So the police there framed me for charges of crminal offense and destruction of peace arrested me at night and kept on driving me all night from one police station to other(none of them was telling me what they are doing, they didnt tell me I was arrested or what rights I have).Then at 2 am at night produced me to a lady magistrate ,she signed me for police custody and then kept me in custdoy in very inhuman conditions(not allowed to talk to my parents or given a blanket to sleep).She then went on declining my bail for frevilous reasons like I will intimadte witness(witness being police),Really a girl would intimidate police.?? What can a poor citizen do in such a situation? My parents are old and I seriously dont have money or time to fight .Is there any other way out?Any anonymous way I can report such ppl.