Section 36: Procedure Of Arrest And Duties Of Officer Making Arrest
Every police officer while making an arrest shall—
- (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
- (b) prepare a memorandum of arrest which shall be—
- (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
- (ii) countersigned by the person arrested;
- (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.
Explanation
This section outlines the procedures that a police officer must follow while making an arrest. It ensures transparency and accountability in the arrest process by requiring the officer to clearly identify themselves, document the arrest, and inform the arrested person of their rights.
Illustration
Let’s imagine a scenario where a police officer arrests a person named Mr. X. The officer must:
- Show Mr. X a clear identification card displaying their name.
- Create a memorandum of arrest, which must be signed by Mr. X. The officer should find a witness (a family member of Mr. X or a respectable person from the area) to attest to the arrest.
- Inform Mr. X of his right to have someone he knows informed about his arrest, if the memorandum is not attested by a family member.
Common Questions and Answers: on Procedure Of Arrest And Duties Of Officer Making Arrest
Q: What happens if the police officer fails to follow these procedures?
A: Failure to comply with these provisions could be considered a violation of the law and may have legal consequences for the officer.
Q: Can the person being arrested refuse to sign the memorandum?
A: A person may get arrested for not obligated to sign the memorandum. Thus, their refusal should be documented by the police officer.
Q: What if the person being arrested doesn’t know anyone in the locality?
A: In such cases, the police officer is still required to find a respectable witness to attest to the arrest. They could reach out to a local community leader, a shop owner, or someone else known in the area.
