Police Custody and Third Degree
Tue, 08/24/2010 - 07:23 — Rajesh Kumar
I've heard about the Miranda in foreign countries. As per the Miranda one has the right to remain silent when caught by the police. He can issue the statement after consulting with the lawyer. Well do we have something similar as per Indian Law? Can the police just take a nyone under custody and start questioning him and if the person refuses to answer use 3rd Degree measures? What are the laws pertaining to police custody?
Answers
In India too, you have the right to remain silent and you can ask for legal representation. The problem is that once the police take custody of a person, they have their own ways of 'extracting the truth' and in a court of law, they can be made accountable if that is reported by the accused. Fearing safety of loved ones, such complaints are not usually made. Read http://www.lawisgreek.com/faqs-on-arrest/
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