SAFE GUARDS UNDER THE CODE OF CRIMINAL PROCEDURE

The Criminal Procedure Code provides the procedure to be adopted by the police officer in case of arrest and detention. Sec. 41-60 of the code provides for the procedure to be adhered to in case of arrest. Accordingly
Police officer must have the arrest warrant or order from a Magistrate to arrest a person (exceptions are cognizable offence , house breaking during night , proclaimed offender, a person possessing stolen property , deserter from Armed Forces etc)
The police officer must touch the body of the person if and only if the person is not submitting to his custody
The officer should not use unnecessary force to arrest a person
The officer should inform the person as soon as possible the grounds office arrest
If he is arrested with out a warrant and the person is accused of a bailable offence the police should inform him that he is entitled to bail and advice the person to arrange for the same
If the detenu is a female the body of that person should be searched only by a female with strict decency .
If the person is arrested with out a warrant he must be produced before the Magistrate with in 24 hours
Sections 91 to 105 of the Code provides for search and search warrant. If the search and seizure is made a police officer in violations of the provisions of the CrPC the aggrieved person has three kinds of remedies
Writ petition under Art 226 against illegal search .
Order for search can be quashed or nullified under section 401 of the CrPC.
An illegal search is a trespass and hence suit for damages ca be filed .
If the person arrested of a bailable offence , u/s 436 of CrPC bail can be obtained for him. Inherent powers enshrined u/s 438 of CrPC enables for Anticipatory Bail and a person can be released on bail before the arrest. For obtaining bail and to set aside the Magistrate’s order a person is at the liberty to approach the High Court u/s 439 of the Code.

SAFE GUARDS UNDER THE INDIAN EVIDENCE ACT

According to Sec. 24 of the Evidence Act. The statements f a person in police custody must be voluntary. If the police is venturing to exhort the statements of a person in custody by using threat or force it is illegal. Hence illegal such confessions also. As per Sec. 25 of the Act confessions to a police officer is inadmissible. At the same time section 26 affirms that if the confession is taken by a police officer it must be in presence of a Magistrate or else it is invalid and in admissible.

SAFE GUARDS UNDER OTHER LAWS

According to Sections 29 and 32 of the Kerala Police Act also the arrest of the person should be as per legal procedure in its strict sense if a police officer makes an unnecessary or vexatious arrest he is liable to be punished. Many other laws are also there enacted by our Parliament which prescribes and provides safe guards against police atrocities. Nevertheless amendment of the enactments and reformation of the police force will definitely give an euphoria in this era