Arrest Intimation Procedure: An Insight into the Compliances and Flagrant Breaches committed during Custody

  • A. Mohammed Sadiq Hussain
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  • A. Mohammed Sadiq Hussain

    Civil Judge (Junior Division), India

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Whenever the aspect of remanding a person to custody is brought about, the ingredient of communication to kith and kin cannot be overlooked. There are plethora of instances of human rights violation in the rooms of lockup with the hues and cries of help resounding and echoing the walls, which always ends up in vain with no one to answer. For comprehending the nexus between custodial deaths and communication of arrest to the next friend, in light of the instances referred above, it can be said unambiguously that it is essential to communicate the arrest, as the consequence of non-intimation of arrest can be devastating. In many custodial deaths, seldom the nearest known person or relative has been informed about the arrest. It can be succinctly put that, in one way or another, non-communication of the information about arrest gives room for gross violation of rights in custody, as a repercussion of which custodial deaths happen unabatedly. In the event of a arresting a person, when the investigation cannot be completed the arrested person is subjected to custody U/s.167 (2) Cr.P.C, and that the custody can be Judicial custody or when the police has requested for custody in order to investigate, it can be a police custody. It cannot be used for inflicting pain and suffering upon a detained person and treating in boisterous and repugnant manner which is inhumane and endangers the very existence of a detenu when it is perpetrated.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 681 - 687


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