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Guidelines of bombay high court regarding custodial interrog

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

https://www.lawweb.in/2016/01/guidelines-of-bombay-high-court.html

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1 Replies

yukta Singh 11 April 2016

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.