This booklet has been developed by the Commonwealth Human Rights Initiative (CHRI)

for the Ministry of Home Affairs as a part of a series called Police & You: Know Your Rights.

CHRI is an international, independent, non-profit, non-governmental organization

headquartered in New Delhi. Its objectives are to promote the practical realization of
human rights in the countries of the Commonwealth. CHRI educates on human rights
issues and advocates for greater adherence to human rights standards. For more details
please visit http://www.humanrightsinitiative.org.

Concept : Mrs. Maja Daruwala

Content & Research

Coordination : Dr. Doel Mukerjee

Script : Ms. Vasudha Reddy

Research Team : Mr. Arnav Dayal, Ms. Aravinda Kosaraju

Cover Concept &

Layout / Design : Mr. Chenthilkumar Paramasivam & Dr. Doel Mukerjee

Sketches : Mr. Suresh Kumar ([email protected])

Supporting Staff : Subhash Kumar Patra, Palani Ajay Babu

Printed by : Printexel
 Dadaji was sitting in his
balcony, sipping a hot
cup of coffee, when all
of a sudden, Raghu
came running towards
him, looking extremely
disturbed. "Raghu, are
you all right? Why are
you in such a hurry?"
enquired Dadaji. " I need
your help, Havildar Bhan RAGHU RUNS TO DADAJI FOR HELP

has come to take me to the

station. They are going to
interrogate me in connection with the
robbery for which Ramu kaka has also been taken in. This
happened a few days ago. I don't know what all they would
ask. I've heard these policemen are extremely rough during
interrogations." Said Raghu, still running short of breath. "Raghu,
relax. Sit down and have a glass of water. There is nothing to
be worried about, I will tell you about all the rights you have
during questioning." Said Dadaji , trying to calm him down.

"Remember, Raghu - you shouldn't make any statement

or answer any question which could prove that you are guilty
of the offence." Dadaji said.

1
 "I understand that, but I have heard the police often
force people into saying things." said Raghu.

"The police can't force you to make any statement that

can be used against you as evidence. Like they can't make
you say that you hated someone and wanted to kill him."
explained Dadaji, continuing, "They can't force you to say that
you committed the offence that you have been charged with."

"But the police have many

ways of making people say
what they want. Don't you
remember how Vineet
was beaten up for no
fault of his and he was
interrogated by the SHO,
Inspector Khan?" said a
worried Raghu.

"Yes, but you must

A POLICE OFFICER CAN

remember that every person

BE PUNISHED FOR USING
FORCE DURING

has the right not be ill-treated or

INTERROGATION

abused or tortured while they are being interrogated. If a

policemen beats or seriously injures a person during
interrogation, then he can be punished under the law."
explained Dadaji.
2
 "Alright, I understand." said Raghu, appearing a little
calmer, "Is there anything else I should remember?"

"Yes, there's one more thing. Remember - it isn't

necessary to sign any statement which you may have given
during your interrogation." Dadaji said, "Any statement made
to the police can't be held against you unless it was made in
the presence of a magistrate."

"What about making a confession?" asked Raghu.

"If you want to confess about committing an offence,

then you can only do so in the presence of a Magistrate."
replied Dadaji, "It is the duty of the Magistrate to tell the
accused that he/she shouldn't confess to an offence under
pressure."

"I didn't know that!" said Raghu, "Are there more things to
remember about making confessions?"

"If the person accused of the crime makes a confession

on his/her own, then it can be used as evidence." Dadaji said.

"But who decides if a person has confessed on his/her

own or has been forced?" asked Raghu.

3
 A CONFESSION MAY BE
"Well, a confession
may be rejected if the
REJECTED IF THE MAGISTRATE
FEELS THAT IT WAS MADE

Magistrate feels that it

UNDER PRESSURE

was made under

pressure." replied
Dadaji.

"Alright, I
understand." said
Raghu, "What about
speaking to a lawyer? Is
that allowed during interrogation? And if I may request you in
that case will you be my lawyer?"

Dadaji said, '' Bhai, don't worry I will be there right next to
you if there is any problem, after all it is the problem of the
mohalla that the police are visiting so often." "And yes,
another important thing you must remember the accused may
speak to a lawyer during the interrogation, but not throughout
the interrogation. Infact, you should take a friend or a relative
along with you to the station. If you want I can come with you."
Dadaji said. "Now I think you should be ready to go to the
Station."

"I'm ready." said Raghu. "Lets go."

4
 The week after this
incident, the police jeep
again entered Kamla
Nagar and this time it was
to Imran's house. Havildar
Bhan arrested him, as
according to the police,
Imran was one of the
suspects in the case of theft
where Ramu Kaka was the
main accused. At the police
THE POLICE CANNOT USE FORCE
DURING INTERROGATION - IT IS

station, the police interrogated

AGAINST THE LAW

Imran for several hours, often threatening him with their guns
and slapping him, in order to make him confess that Vineet
was also involved in the theft with Ramu Kaka. To make them
stop, Imran admitted to the charges. He was then let go by
the police.

Imran knew that the police had mistreated him and so

he went to meet Dadaji. After explaining the situation to him
he said, "I know what the police did was wrong. But I have no
idea what to do about it now that it is over."

"Imran, there are three things you can do if you have a

complaint about police interrogation." Dadaji nodded and
said, "First of all, you can meet the Superintendent of Police or
5
 other higher
officers like the
Deputy Inspector
General of Police
or the Inspector
General of Police.
You could even
complain to the
Superintendent of
Police by sending
a letter by
registered post." MALTREATMENT BY POLICE PERSONNEL MAY BE
REPORTED TO SENIOR OFFICERS

"What will happen if I do this?" asked Imran.

"Well, if the Superintendent of Police is satisfied with your
complaint, then he/she will either order an investigation or
begin one him/herself," answered Dadaji.

"I don't know if I want to take this step. After all, the SP,
DIG and the IG are all police officers as well. I don't want
anything to do with them after my experience at the police
station." Said Imran, shivering as he recalled the way he was
treated.

"Alright, I understand that," said Dadaji, "The other option

would be to go to court. You could file a complaint by writing
6
a letter with all the details to the Magistrate in the court that
has jurisdiction over this area. You could also file a writ petition
under Article 226 of the Constitution in the High Court or under
Article 32 of the Constitution in the Supreme Court." He added.

"What is a writ petition and what happens after the writ

petition is filed?" Imran asked.

"A writ petition is filed when a person feels that his

fundamental rights have been violated. On filing this petition, if
the court thinks that there has been a violation of your
fundamental right, then it will direct the concerned authority to
register the complaint or make other orders." answered Dadaji.
"But I don't even know how to write a writ petition." said
Imran.

"That doesn't matter - you can even write a letter to the

High Court or Supreme Court. If they feel that your complaint
deserves attention then they will treat it as a writ petition."
explained Dadaji.

"What is the third thing that I could do to make a

complaint about the police?" Imran asked.

"Your final option would be to complain to either the

State Human Rights Commission, if the state has one or to the
7
 National Human Rights Commission and tell them how the
police do not enforce the law or enforce it improperly, in a
corrupt or biased way." Dadaji replied.

"Thank you so much for helping me." said Imran, getting

up to leave. "You're welcome, Imran. Feel free to ask me
again if you need help with writing the letter or filing the
complaint." Dadaji said, showing Imran out of his room.

Neeta, Dadaji's eldest granddaughter was reading a

novel in her garden, when she saw Vineet, the STD booth
owner passing by. She waved to him, and decided to go and
talk to him, as he was looking a little disturbed. On asking
what the matter was, Vineet answered, "Neeta didi, the police
have asked me to again come down to the police station this
evening, to answer some questions about the theft case. I'm
quite nervous as you know about all that happened to me the
last time, I don't know what to say or do."

"There's no need to get too worried about the

interrogation, Vineet." she said, "Just remember that during the
interrogation, you must stay calm and answer the questions in
a composed manner. And while answering, try to be as clear
and precise as possible - don't make vague statements, if you
can help it."

8
 "But the Police put so much pressure. It would be so easy
for me to make a mistake." Vineet stated.

"A common mistake

people make during
interrogation is that they
exaggerate, because they
feel that lots of information
will make the police happy
and ensure that they can
go home quickly. But
remember that you must
stick to the true facts of the
incident and never NEVER EXAGGERATE

exaggerate." Neeta answered.

DURING INTERROGATION

"Thank you Neeta didi, that's helped me calm down a

bit." said Vineet.

"That's alright Vineet. Listen, if you're still nervous,

remember - you can take a relative or friend with you when
you go to the police station." Neeta said.

"I think I'll do that. Thank you once again." said Vineet as
he got on his cycle and drove away.

9
 The following week one afternoon in the Mohalla, Neeta
and her 12 -year-old brother Arjun were watching a movie.
Suddenly, they heard shouting in the galli behind their house.
They went to the back window and looked out. Two men they
hadn't seen before were fighting. Suddenly one of the men
stabbed the other and then ran away.

The police arrived. After speaking to a number of people,

Havildar Bhan came up to Neeta and Arjun. He told them that
they were the main witnesses to what had happened and
that they would have to go to the police station for
interrogation.

Despite the
policeman's
insistence, Neeta
refused to go. She
knew her rights well
and made it clear
that the he could not
take her or her
A WOMAN AND A CHILD MUST BE INTERROGATED
AT THEIR HOME IN THE PRESENCE OF RELATIVES

brother to the police station.

She boldly told the officer,
"A woman can't be made to go to the police station for
interrogation. She can be interrogated only at her residence in

10
the presence of her relatives and as for my brother, he is only
12 years old and a child under the age of 15 can't be made to
go to the police station for interrogation. He too can be
interrogated only at his residence in the presence of his
relatives." Hearing this, Inspector Khan came and tried to calm
her down. He agreed to her demands.

Neeta and Arjun were then interrogated at their house in

the presence of Dadaji. Dadaji said "as Kamla Nagar is facing
so many problems we must ensure that every one knows their
rights and this can only save the people here."

11
The Series “Police & You: Know Your Rights” includes:

 First Information
 Arrest and Detention
 Police Interrogation
 Legal Aid & Advice
 SC/ST Atrocities Act
 Bail
 Fundamental Rights
MINISTRY OF HOME AFFAIRS
Human Rights Division
Government of India