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“These rights are inherent in Articles 21 and 22(1) of the Constitution and
require to be recognized and scrupulously protected. For effective
enforcement of these fundamental rights, we issue the following
1. 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 he is being detained.
2. The Police Officer shall inform the arrested person when he is
brought to the police station of this right.
3. An entry shall be required to be made in the Diary as to who was
informed of the arrest. These protections from power must be held to
flow from Articles 21 and 22(1) and enforced strictly.
It shall be the duty of the Magistrate, before whom the aarrested person
is produced, to satisfy himself that these requirements have been complied
12 The above requirements shall be followed in all cases of arrest till
legal provisions are made in this behalf. These requirements shall be in
addition to the rights of the arrested persons found in the various Police
These requirements are not exhaustive. The Directors General of
Police of all the States in India shall issue necessary instructions requiring
due observance of these requirements. In addition, departmental instruction
shall also be issued that a police officer making an arrest should also record
in the case diary, the reasons for making the arrest.