MHA think tank issues guidelines on arrests

The Bureau of Police Research and Development ( BPRD), a think- tank under the Union Ministry of Home Affairs, has asked police departments across the country not to make arrests as a regular act or for the sake of routine issues.

The bureau has suggested that a person should be first served a notice of appearance and only when he/she fails to comply with it, then police should go ahead with the arrest.

The think-tank had last week issued elaborate “guidelines or draft Standard Operating Procedures (SOPs) for safeguarding persons to be arrested or detained by police authorities against custodial violence” to all police departments.

The guidelines strictly advise police authorities to follow the procedure while making arrests, or while dealing with people in their custody. It has said that the guidelines are aimed at restoring “a sense of security among the public and regaining the diminishing faith and confidence of the public in police”.

Police officials have been advised against torturing a person in custody or compelling a person to give testimony or evidence that may incriminate him or her or testify against any person.

“Do not subject any person in custody to torture, beating or cruel treatment. Ensure not to detain anyone for a prolonged period in the name of interrogation as this may amount to wrongful confinement and illegal detention,” the guidelines, reviewed by HT, have said.

The guidelines assume significance in the wake of torture of a father and his son -- P Jayaraj (51) and J Bennicks (31) -- in police custoday in Tamil Nadu (TN) in June. The incident had occurred under the jurisdiction of Sathankulam police station in TN’s Thoothukudi district.

Jayaraj had died on June 22 and Bennicks the following day.

Police has been directed that when they are going to make any arrest, they must wear visible name tags and their names should also be recorded in a police diary.

An arrest memo of the arrestee must be prepared, mentioning date, time and place of arrest. The memo must be signed by at least one reputed local witness and countersigned by the arrestee.

For women, the SOPs state that police cannot arrest any woman after the sunset and before the sunrise unless under exceptional circumstances.