Habeas Corpus Memo: Fill & Download for Free

speaking from experience yes they can.it does fall under the SECTION 294if you do lack money and political/police contactsi think you might be interested to know how to deal with such things when they happen.make sure your girl is safe ( you are the man after all )most of these times these cases never last in court or even reach there.if you choose to fight it legally, your more than welcome.Or you can always slip in a 500 note to the person in charge of that area.I personally advise against this and tend to play the pity/poor chap card.Ironically if they cannot get much money out of you they start to look if you can help them in other matters by doing them favors or asking for advice.crooked cops never the less.you hardly come across English speaking decent cops!Sigh.the following questions will answer most of your quiresDo I have to go with a police officer if he asks me to come with him somewhere?No. However, if the police officer is asking you to come along to be a witness to something he is doing as part of his duty, like arresting a person, seizing property, or examining a crime scene, then you must go along and help. Traditionally, that is called being a pancha- a person who can tell the court independently what he saw at that moment.Suppose a police officer asks me to come to the police station, do I have to go?No. It is good to cooperate with the police but it is not necessary to go to thestation unless the police officer is formally arresting you. Otherwise, if he just wants to question you or is making inquiries about a crime he has to summon you in writing. Until that is done you cannot be forced to go to the station. Where any woman is concerned or a child below 15 is involved, the police can question them only in their homes.What can I do if the police officer does not help me?Wilful breach or neglect of duty by a police officer is punishable withimprisonment. If the police officer is not helpful and you have been harmed, then you can complain about it to his senior. In such a case he may be found guilty for dereliction of duty.Can the police do anything they want?Not at all. They can only do what is lawful. In fact, they are very strictly governed by many, many rules. These include their own regulations, the procedures laid down by the criminal codes, the orders given by the Supreme Court and the guidelines of the human rights commissions.But supposing police officers do not obey them?You can complain to his senior or to the magistrate depending on how serious the matter is. It is always better to complain in writing and get a receipt.What can I complain of?You can complain of any wrong-doing by a police officer because he is a public servant bound to do his duty at all times. He cannot neglect his duty, or delay doing it.But suppose the police officer is rude and insulting to me?Again, you can complain to his senior if it is a matter of breach of duty ordiscipline. But if it is anything more serious than that or amounts to a crime then you can file a complaint against him at a police station or go straight to the local judicial magistrate and file a complaint.If I am walking down the street, can a police officer stop me and ask me anything he likes?No. In general the police are not supposed to interfere with people going about their lawful business. But if they think that someone is loitering in a place especially after dark, he is entitled to stop and ask your name and what you are doing. If there is something suspicious or fishy about the whole thing then you can be arrested. Police use this power often as a means of rounding up suspected persons and habitual offenders. The over-use of this power has often beendiscussed by reform committees and condemned.Can the police officer hold me at the police station or can I leave when I want?Unless you have been formally arrested for good reason you cannot be held in custody against your will. If the police have summoned you for questioning you have a duty to cooperate with them and help them with their inquiries. But the questioning has to be prompt and efficient and cannot go on and on. The police cannot make you wait endlessly at the police station. In any case, you can leave when you want.Suppose the police officer does not let me go, what can I do?Keeping you in custody against your will even for a moment if you are not under formal arrest is a serious offence. It is called illegal detention and either you or your family or friends can complain about the officer to his senior or even the magistrate. Most importantly, you can go to the high court or even the Supreme Court immediately through your lawyer, family or friend and me a habeas corpus petition seeking your immediate release.What does habeas corpus mean?This is a very old remedy against people being picked up by agents of powerful rulers and being helpless to protect themselves. It literally means "produce the body". It is a most practical remedy against wrongful detention. The courts - either the high court or the Supreme Court, deal with it on an urgent basis. Once the court gets an application indicating a disappearance that shows that the victim was last seen in the custody of the police, the court will ask the police to produce the person before it immediately and release him if the detention cannot be justified. If the detention has been illegal then the court can even grant compensation to the victimCan a police officer arrest me without giving reason?No. Police can make arrests only if there are good grounds for the arrest. Say if a person is caught red handed in the middle of some wrong-doing, or if many circumstances in the investigation point the finger of suspicion towards him, or a person is found to be helping someone else with a crime before during or after its occurrence, then he can be arrested. There has to be a "good reason" for making an arrest. Just because someone has named someone else in an FIR cannot be a reason for arrest. There has to be something more in the form of evidence to arrest you. Experts have repeatedly pointed out that as many as 60% of all arrests are unnecessary or unreasonably made.Are there special rules for arrest and treatment of women in custody?Absolutely! No woman can be arrested between sunset and sunrise unless there are very special reasons for doing so. Even then,special permission must be given in writing by a magistrate after the magistrate is satisfied that there are reasons for allowing this. A woman police officer has to be present with the police making the arrest. The woman has to kept in a separate lock-up in the police station and any examination, body search, etc. has to be done by a woman officer or doctor. It is in the best interests of the police officers themselves to make sure that all procedures relating to women are carefully followed and records are meticulously kept. The law says that if a woman in custody complains of rape, it will be accepted unless the police officer can show that it did not happen.If the police arrest me, can they keep me for as long as they like?Absolutely not. The longest time anyone can be kept in custody in a police station is for 24 hours. That is the maximum. The police must produce anyone in their custody before the magistrate with all the necessary papers that justify the arrest before the 24 hours are up and not later than that.How then, are people arrested on Friday evening and kept in custody until the following Monday?The excuse for continuing with this illegal practice is for the police to say that there is no magistrate available over the weekend. But in reality there is always a magistrate on duty available 24 x 7. A person in custody whose 24 hour time limit is ending after regular court hours can always be produced before the magistrate athis home. The magistrate can not be refuse to see the suspect.How will anyone know where I am?The law has plenty of safeguards against you getting lost in the system. As soon as the police have arrested you they have to do several things. They must prepare what is called a "memo of arrest" and send that to the local magistrate. They must make sure you know you can immediately get a lawyer - your own or from the legal aid system. They must inform a family member or friend of your choosing about where you are. All these things have been fixed by law to reduce the chances of abuse of power by the police. If the police do not follow these rules they will have to answer to the courts.What use is a "memo of arrest" to me?It is a safeguard against illegal detention. The memo of arrest must have your name, time, date and place of arrest, reasons for the arrest and what the suspected offence is. It has to be signed by the police, two witnesses and you to make sure that the record gives a truthful account of the facts. It is given to the magistrate and when the magistrate meets you for the first time he will double-check if what has been said is correct. The police also have to make up an "inspection memo".What is an inspection memo?It is a short description of your physical condition when you were taken intocustody. It is expected to record your general physical condition and note major and minor injuries. Again, it has to be signed by you and the arresting officer and a copy is given to you. But the difference between this memo and the memo of arrest is that you have to request for it. Otherwise it need not be done. This procedure is meant to ensure that there is no beating or torture in custody. But it is not clear who has to examine you. If the arresting officer himself is examining you there is little protection that a piece of paper can give. However, since an approved doctor's certificate has also to be given to the magistrate with all the other papers at the first appearance, a doctor must examine you and make a statement about your physical condition before you are first produced before a magistrate.How am I supposed to know all this?By law, at the time of arrest the police are supposed to inform you of all yourrights. In addition, the guidelines mentioned above, which are sometimes called the D.K. Basu guidelines after the Supreme Court case that shaped them, have to be displayed on boards in all police stations and chowkis.Can the police officer beat me in custody?No. He cannot beat you, slap you, threaten or intimidate you in custody. It is against the law and the police officer can be punished for it.Can the police officer force me to make a confession?No. The police officer has aright to question you but he cannot force you to say anything you have no information about, anything you do not want to say, or confess to some crime that you have not committed. A confession made to a police officer will not in any case be admissible in court.and NO im not a Law grad or anything like that im just a well read person who likes to know how to work around rules#Loopholes xDHow about you share a few instances in the comments down below so we can all learn from your experience!

Read…Animesh B M Tripathi's answer to What are some of the Indian laws that people generally don't know about?A brilliant answer by Tejasvita ApteIn addition to what she has pointed out, few more (mostly in nature of advice):Do not resist your arrest in any case. Never panic or try to evade the arrest. NeverBe very polite and straight forward, but please do not become an extreme right activist that may irritate the officer. (Wait till the legal procedure to get started or your lawyer to arrive, claim all your rights then)Right to see Arrest memo and Inspection memo: These two are very important document. If by any change you have to stay night long in lock-ups, this comes handy.Inspection memo details about your physical appearance in details, so next day if you have any bruises the Police officer would be in trouble.Similarly, Arrest Memo must be prepared at the time of arrest – (i) attested by least one witness, it can be family member or member of locality where arrest is made (ii)counter signed by arrested person. It also contains the first details about the arrests, so don’t sign if there is misrepresentation of facts.The police officer must be wearing a clear, visible and clear identification of his name which facilitate easy identification. If not, ask for his identifications and never accompany him without thatRight to be arrested only in presence of lady constable of officer. (for women)Right to be locked up in separate lock up for femalesRight to privilege communication with your lawyer.- Remember Lawyer Client communication is protected by the Indian evidence act. So you have all the right to demand privacy when speaking to your lawyer. No police can listen your communication, though he may listen when you talk to your family/friendsRight to seek medical help. If you are physically injured while arrest process, you have a right to immediate medical help. Inform this to your lawyer/ family and click photos if possible.Try to remember name, badge number and face of the Police officer who arrested you. If possible tell this your friend/ relative/ lawyer. In case the police officer assaults you this will help in his identification.Write down the things happened (you can demand a paper and pen) and keep with you. It comes handy to refresh your memory as to what exactly happened and so that you do not miss out on any point.Do not touch or misbehave with the officer (do not get into a heated argument with the officer)While driving or in car, immediately show your ID card and car registration as soon as police arrests you, because many a times, police arrests you for not disclosing your identity.if stopped for breaking rules. Don’t bribe, ask for a challan and pay the fine, which is (generally) very nominalBottom-line: Remain polite and police will respect your right & (Most imp) no matter what, never ever open your mouth before you had a word with your attorney.EDIT: On the basis of comments received, adding few basic rights (Although tejasvita Ma’m has already pointed them out, which is why i did not wrote them again)Right to Remain Silent: You have a right to remain silent. Police cannot force you to open your mouth. Do not speak a word, without consulting a lawyer.right to information: There is a subsisting right to information about the nature, basis and premise of allegation. You can demand a copy of FIR/complaint and warrant for that purpose.Right to Legal Aid: There is a right to demand your lawyer before speaking anything. If you cannot arrange yourself, the state will provide a lawyer to you for legal aidRight to inform Family/relative: There is a right to inform your family/relative as soon as the arrest is made.No right to deny Thumb impression or blood sample: Taking thumb impression or blood sample does not amounts to invasion of privacy or Self Incrimination. So don’t argue over it, remain polite and do as asked by the police.Right to production before Magistrate within 24 hours: Its a fundamental right and any violation leads to illegal detention, for which writ of Habeas corpus be filed. (Remember, once a judge-always a judge. Meaning, a judge is never off duty, he can be approached on Saturdays, Sundays or any day even after court hours )Right to bail: Bail is a right in case of bailable offence and it can be granted without any condition being imposed, and it can be granted by the Police Officer itself. However, in case of non-bailable offence, bail is not a right but a privilege granted by the court at her discretion.Anticipatory bail: It is an order which is granted in anticipation of arrest, but this is also a mere discretion of the granting court. The word Anticipatory is a misnomer, it is an order of stay on arrest, which becomes operative at time of arrest and remains valid till filing of charge sheet.Stay on arrest: In states like U.P. where the provision of Anticipatory bail has been omitted, Stay of arrest is the recourse. This is done by invoking inherent power of the High Court.Right Not to confess: The confession made in front of police is not a valid confession. Confession in front of Magistrate is a valid confession.Right to Hygiene and Humane condition in lock upsThanks.

Has he got arrest memo??? Perhaps not…Record of presence of the accused in police custody is important…if it is there, even High Court can be approached for such illegal detention (habeas corpus).