Rights of common people during police interrogation
• Introduction : Investigation is an important part of police proceedings.It is way to find out the truth.But it has been seen many times that police uses unjust, forced, unfair methods to investigate the matter which includes ‘custodial torture’ or torture over person in custody for interrogation.This causes harms and injury or even death of such person during interrogation.This is totally unlawful.
People often panic in the name of police inquiry, it is usually due to
– unjust and forcefull methods used by policemen arbitrarily for the purpose
of interrogation
– lack of awareness among people about their rights.
Solution : People should aware of their right of audio and video recording of
your statement during interrogation.There should be surveillance of cameras in
police custody and also installation of CCTV in all the areas of police station.
Rights to be known : There various sources from where people derive the right
of recorded interrogation :
– Code of Criminal Procedure, 1973 :
Section 161 of CrPC provides for the procedure of Examination of witnesses by
police.Its stats that :
(1) Any police officer making an investigation under this Chapter, or any
police officer not below such rank as the State Government may, by general or
special order, prescribe in this behalf, acting on the requisition of such
officer, may examine orally any person supposed to be acquainted with the facts
and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such
case put to him by such officer, other than questions the answers to which
would have a tendency to expose him to a criminal charge or to a penalty or
forfeiture.
(3) The police officer may reduce into writing any statement made to him in
the course of an examination under this section; and if he does so, he shall
make a separate and true record of the statement of each such person whose
statement he records.
Provided that statement made under this sub-section may also be recorded by
audio-video electronic means.
The proviso-mentioned above was inserted by an amended of 2009 in CrPC.Reason
behind the amendment was the growing number of incidents of torture and
custodial death, violation of human rights which are recognised by
international convention and declaration.
Police commission of India also steps to remove torture from police
investigation.
– Constitution of India : Article 21 of Indian Constitution Proctects the
people from such tortures.It runs as follows :
“Protection of Life and Personal Liberty: No person shall be deprived of his
life or personal liberty except according to procedure established by law.”
This fundamental right is available to every person, citizens and foreigners
alike.
Protection from torture any kind of torture comes in the ambit of this
article.If any police official tries to know the truth by unjust way, torturing
or beating, then it is totally unconstitutional.
Any unfair and inhumane method for investigation are not permissible under
constitution.
Methods of Investigation should be just, fair and intelligent.There should be
use of scientific methods instead of Third Degree method.
– Law Commission of India : In the year 1994, Report no.152 was issued on
custodial death.
It states that if any evidence found of injury or death of person under
custody then the police official who was in charge of such custody shall be
responsible of such injury or death.
– Further these rights are recognised by (universal) International convention
on human rights.
• Supreme Court Ruilings :
– In case D.K Basu V. State of West Bengal and Ors. (2015) an application was
made before court to
1. establish State Human Rights Commissions
2. for installation of CCTV cameras in Police stations.
3. surprise visit by a body of non-officials empowered to check and prevent
human rights violation.
Supreme Court ordered to in favour of the application.
– In case Shafi Mohammad V. State of Himachal Pradesh (2018) an application
was made before the Appex Court for thevideography of crime scene investigation.
In favour of the application the Court gave directions to the Ministry of Home
Affairs for the appointment ofCentral Oversight Body empowered to plan and
execute to setting up CCTVs in police stations.
– In case Paramvir Singh Saini V. Baljit Singh and Ors. (2020) it was asked
the recording of statement under Section 161 of CrPC should be under
surveillance of cameras.It should be audio and videographed.
Supreme Court made a body of all the States and referenced above-mentioned
(past) two cases on the same topic to know that how the police stations have
implemented those orders.But it was not made practical by some States.Thus
Court ordered All the States to ensure –
1. Installation of cameras in all the parts of all the police stations of state.
2. Cameras shall have night mode or vision.
3. Data or record of statements shall be saved for one and half years.
Plus all the central agencies must have compulsory installation of cameras.
• Conclusion : Police have right to investigate but don’t have any right to
spread state terrif or fear among people which result in non corporation of
people in police inquiry and hurdles the process of investigation.People should
be aware of their rights and they can demand for their statement to be recorded
by cameras which can’t be denied by police officials.These rights serves for
the benefit of both public and police officials.
- Author – Bhawna , student of B.A.LL.B (3rd year) at Punjabi University,Patiala
