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PLAGIARISM SCAN REPORT

Date 2020-06-22

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who has been educated and the names and points of interest of the cops in whose authority the arrestee is kept; (vii) On demand, the
arrestee ought to be inspected for wounds at the hour of capture and furnished with a duplicate of the subsequent report, marked by both the
official and arrestee; (viii) The arrestee ought to experience a clinical assessment at regular intervals by a specialist from an endorsed board;
(ix) Copies of all documents regarding the arrest are to be sent to the appropriate local Magistrate for his or her records; (x) The arrestee
might be allowed to meet with their attorney during cross examination, however not all through the cross examination; (xi) A police control
room must be built up at all region and State base camp where data in regards to the capture ought to be gotten inside 12 hours of the
capture and showed on a prominent notification board. (xii) These requirements are in addition to existing safeguards and do not detract from
other directions given by the courts on this matter. They will apply with equal force to the other governmental agencies which have the power
to detain and interrogate individuals. They need to be followed strictly; failure to comply shall render the official concerned liable for
departmental action and contempt of court proceedings. Mere punishment of the offender cannot give much solace to the family of the victim
and a civil action for damages is a long drawn and cumbersome judicial process. Monetary compensation for redressing the infringement of
the indefeasible right to life of the citizen is, therefore, useful and at times perhaps the only effective remedy for the family members of the
deceased victim, who may have been the breadwinner of the family. The state’s vicarious liability for the acts of public servants in infringing
such rights. The quantum of compensation will depend upon the peculiar facts of each case and no rigid formula can be evolved.
CONCLUSION It is generally believed that in spite of the various safeguards in the CrPC. as well as the Constitution, the power of arrest
given to the police is being misused till this day. It is also believed that the police often use their position of power to threaten the arrested
persons and take advantage of their office to extort money. There have also been innumerable reports on custodial violence that lead many to
believe that deprivation of basic rights of the arrested persons has become commonplace nowadays. While it can be said that the police must
do all they can to curb law breakers and that, these incidences must be understood in the context of the times and stress under which the
police work, it cannot be argued that arrested persons are not entitled to the minimal of rights simply because they have allegedly broken the
law and are therefore “arrested”. Arrest or not, an accused person is still a human being entitled to fundamental rights. The Law Commission
of India, in its 177th Report, has acknowledged the fact that the law of arrest in itself is a balancing act between the rights of the individual and
the rights of the society. According to the same Report, after the D. K. Basu judgement, the abuse of power by the police has decreased
drastically. However, after a study conducted by the National Human Rights Commission, the Law Commission found that the number of
arrests for petty offences is more than those for serious offences. Also, in a revolutionary move, the Commission recommended that no
arrests should be made for what are now classified as bail able offences. Instead, only a summons ought to be issued for appearance of the
accused in Court. Further the Commission also suggested that arrests be made only where it is necessary in order to infuse confidence
among the “terror stricken victims”. The Commission also approved of the recommendations made by the National Police Commission, as
mentioned earlier. Another proposal was that no person should be arrested for the mere purpose of questioning as such arrest would amount
to unlawful detention. Along these lines, apparently the Commission would prefer that captures ought to be kept away from beyond what many
would consider possible. There is up and coming need to get changes in Criminal Justice Administration with the goal that state ought to
perceive that its essential obligation isn't to rebuff, yet to mingle and change the transgressor or more all it ought to be unmistakably
comprehended that socialization isn't indistinguishable with discipline, for its includes counteraction, instruction, care and recovery inside the
system of social. Along these lines, at long last we find that Rule of law directs the functionary of each organ of the state apparatus, including
the organization answerable for leading arraignment and examination which must keep themselves to the four corners of the law.

Matched Source

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(ix) copies of all documents regarding the arrest are to be sent to the appropriate local magistrate for his or her records; (x) the arrestee
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