HUMAN RIGHTS AND POLICE INTERROGATION

ABSTRACT

Human rights are basically the rights which are available to every individual without
any discrimination on the ground of sex, race, nationality etc. Human rights are
basically the rights which are important for the basic life of human being The
realisation of the same depends on various factors, among which role of judicial
administration officials of the state especially the police plays an important role 1. The
protection of human rights and their realisation depends on the behavioural pattern of
police officials. We have heard a lot of incident about cruelty and using of third
degree by police officers .This paper solely focuses on the protection and violation of
human rights of an individual during the police interrogation and some aspect of
torture law in international law and Indian law

KEYWORDS
Brutality,constitution,fundamental rights,interrogation,police,third degree,torture
INTRODUCTION
In every society it is the duty of the police to maintain the decorum of the society and
protect the human rights of its citizens while the work of army is to protect its citizen
sfrom outer invasion the work of the police is to protect its citizens rights within the
country
The constitution of india gives every citizen fundamental rights which is enshrined in
the part III of the constitution, which referred as the heart of the constitution.These
fundamental rights binds every state institutions to secure its citizens basic human
rights .These rights are called fundamental rights because they are fundamental for the
all round development of the people2
Therefore the role of police personnel in India become significant here. The police
official have the responsibility of maintaining order and enforcing the law. Hence, the
1
United nation, https://www.un.org/en/global-issues/human-rights (last visited on 10june, 22 )

2
Mandeep tiwana(human rights and policing: landmark supreme court directives and national human
rights
commission guidelines),2005
onus of bringing those who break the law, including the ones which protect the human
rights of the people, before the criminal justice lies with the police but many times we
have seen many examples the way police torture the accused people to confess their
crime. The officers sometimes get pressurized by the upper police officials to yeild
quick results so these police officers treat the accused with cruelty and they even use
third degree to the accused also sometimes they do it to solve the case as early as
possible not for the sake of justice but for their own promotion.However, the police
known as the protector of law, have both legal and moral obligation to uphold the
human rights standard and act strictly in accordance with the law and spirit of the
constitution.

RESEARCH METHODLOGY
To get a brief idea,in this research paper we will discuss the definitions,legal provisos
and many other things which will give us a idea about human rights and their
violation during police interrogation.we will also look into some landmark cases to
get a idea about what’s judicial point of view about human rights and police
interrogation.This research paper is mostly based on legal journals, research papers
and online websites. It is the mixture of legal and academic research knowledge
which is significantly dealing with the importance of human rights of the individual
and availability of rights during interrogation and their violation.

REVIEW OF LITERATURE
“Human rights” in simpler terms means, a right which is available to every individual
for its basic growth and which gives basic right irrespective of his/her nationality, sex,
race, gender etc. They are the rights which adds the sense of humanity in every type
of political society whether democratic or communist and ensure that the social and
psychological needs of an individual is preserved. Human rights basically ensures that
everyone is protected against the abuses which undermine their dignity.
The protection of human rights act, 1993 defines the term ‘human rights’ under
section 2(d) as the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and
enforceable by courts in India3
3
The protection of human rights, 1993, sec.2(d), no.10, act of parliament,1993(India)
 HISTORICAL DEVELOPMENT OF HUMAN RIGHTS
During the period of First World War, many philosophers tried to defined human
rights. Human rights is a concept that has been constantly evolving with human
development. There are many ancient texts such as, the Hindu Vedas, the Babylonian
code of Hammurabi, the Quran, the bible, and the analects of Confucius which
address the questions of people’s rights, duties, and responsibility With the formation
and establishment of united nation (1946), numerous provisions for ensuring the
fulfilment of human rights or fundamental freedom came into force.4 In 1948, the
Universal Declaration of Human Rights (UDHR), that was a part of the International
Bill of Human Rights, stated human rights to be a matter of global concern and
absolute in its nature.
It argued that these rights were absolutely indispensable. This declaration ingrained
the civil, political, economic, social and cultural rights that are necessary for every
individual personal growth.

HUMAN RIGHTS IN CONTEMPORARY INDIA

After the Second World War, the fundamentals of human rights gained strength. The
current rights for every Indian citizen were developed between 1947 and 1949 and
includes:
Right to equality- This right entitles equal rights to each and every individual of the
country. It doesn’t allow to discriminate anyone on the basis of caste, color, creed,
gender, place of birth or race. This right also ensures in-discrimination in matters of
employment
Right to Freedom- It includes various rights of freedom like expression, speech,
association, assembly without arms, practise any profession, to reside in any part of the
country etc
Right against exploitation- This right prohibits any kind of action which results into
forced labour or work without remuneration unless and until that person is ready to do it
willfully. involves It condemns human trafficking, child labour, or forced labour

4
Legal services India, human rights law in India, http://www.legalservicesindia.com/law-india/Human-
Rightslaw-in-India.htm (last visited on 10june’ 22, 11.41AM)
Right to Freedom of Religion- This right entitles equal importance to each and every
religion and also states that each religion should be treated impartially and people can
follow, preach, practise, propagate any religion of their choice.
Cultural and educational rights- This right ensures equal education rights for every
citizen of the country irrespective of caste, colour and gender
Right to constitutional remedies- This right allows every citizen to report to Supreme
Court for protection against violation of basic rights
Nowadays, Human rights allow a process to think about the kind of future. Our latest
human rights are characterised by states and maintain the right to property and to
individual liberty, ideas that complement life in liberal settings. Human rights should
be used to ideate new developments.

POWER OF POLICE DURING INTERROGATION

In India, the term “police” has not been defined in any statue, neither in CrPC nor in
police act, 1881. The 1881 act only discusses the structures and organization of police
force in India.
As per the Black’s law dictionary, “police” means a governmental department which
is charged with the preservation of public order, public safety and detection and
control of crimes
RELATION BETWEEN POLICE AND HUMAN RIGHTS
In simple words police is the group of peoples who are given authority by the state so
as to maintain law and order, to investigate and prevent crime. Police is the Law
enforcement agency and now its Police’s duty to protect the basic rights of people.
But most often it is seen that the powers are misused and overridden by the Police.
The Police while interrogating accused override it’s power and violate basic civil and
human rights of living human beings. So, to overcome this problem Various
Principles of Police interrogation are evolved from time to time. Main motive behind
these principles is that Police may be doing an authorized act but it in no way can be
violative of fundamental and human rights of individuals. So, these principles are
made to protect and promote basic human rights and fundamental rights of individuals
which can-not be even taken away by state.5

5
India today article about police interrogation and human rights[last visited on 10 june 22]
 So, the accused is granted certain rights while he/she is being held by police for
interrogation

PRINCIPLES OF POLICE INTERROGATION

1.     BASIC RIGHT TO LIFE,LIBERTY AND SECURITY – Every person

who is being under Police interrogation possess basic human right to life, security and
freedom of his body. The police while interrogating in way can take away this right of
life, liberty and security. This right is granted under Article 20 and 21 of Constitution
of India and also under Article 3 of Universal Declaration of Human rights.6

2.     IMMUNISATION AGAINST INHUMANE TREATMENT AND

TORTURE – No accused under interrogation of police be subjected any kind of

torture or inhuman treatment that would deprive him of his /her basic fundamental
human right as to dignity, respect and independence.

3.     RIGHT TO EQUALITY – Every accused who is under police interrogation

should be granted equality before law and equal protection of law. This right is
recognized by Article 14 of Constitution of India so no authority under state or state
itself can take away this right from any individual under the process of interrogation
before police.

4.     FOLLOW DUE PROCESS OF LAW– Police while interrogating any

accused is required to follow the due process of law and also not to do any kind of
torture on the accused while interrogating.

So, the police are required to follow these certain kinds of principles while
interrogating any accused. Also, the accused under interrogation is granted certain
rights which he can avail so as to protect himself or protect his/her basic rights
during interrogation and also prior to police interrogation.7

6
Lexlife India, human rights in India: a brief study, https://lexlife.in/2021/07/30/human-rights-in-india-a-
brief
study/#_Toc77798147 (10 june’22, 7.30 PM)
7
Indian constitution, art.20 cl.3
RIGHTS OF THE ACCUSED PRIOR TO POLICE
INTERROGATION

1.    PERSON ARRESTED TO BE INFORMED OF GROUND

OF ARREST – Section 50 of Criminal Procedure Code gives the right

to know the ground of arrest and right to bail to any accused. According to
this section the police officer making the arrest needs to inform the person
arrested as soon as possible after the arrest the grounds for arrest and the
offence he is arrested for.

2.   RIGHT TO HAVE A RELATIVE OF THE ACCUSED BE

INFORMED OF HIS ARREST – It is the Obligation of person

making arrest to inform about the arrest, etc., to a nominated person. The
authorized person after needs to inform about the arrest of the accused to
any of his friend, family member or anyone nominated by the accused. It is
the responsiblity of the police officer arresting to inform the accused
about this right of his to inform his relative.

3.     RIGHT TO BE INFORMED THE RIGHT TO BAIL IN

BAILABLE OFFENCE– When a person is arrested by a police

officer without warrant, now it’s the duty of the police officer to inform
him about his right to file for bail and arrange for sureties.

4.      RIGHT TO CONSULT A LAWYER – It is the right of the

accused arrested for any criminal offence to be defended by pleader of his
choice.

5.     RIGHT TO LEGAL AID – If it seems that the accused is not able to

arrange for a lawyer for his defense then it’s the duty of the state to
provide a lawyer to him for legal aid. This right is also recognized by
Article 21 of the Constitution oof India as Right to Legal Aid.

6.     PERSON ARRESTED TO BE TAKEN BEFORE

MAGISTRATE – The police officer if making the arrest of the
 accused with any arrest warrant, then the officer needs to present the
accused before the magistrate within 24 hours of arrest or without making
any delay. The accused does possess the right against any detention
beyond 24 hours of arrest if not presented before the magistrate or the in
charge of police station.

LANDMARK CASES

In the landmark cases of DK BASU V. STATE OF WEST BENGAL 8, the apex court
has observed that custodial violence including torture and death in prison, is one of
the worst crime in civilized society which is governed by rule of law. And any form
of inhumane, cruel torture would fall within the inhibition of article 21 of the
constitution, whether it happened before interrogation or after interrogation. The court
also made a following observation- "Custodial torture is a naked violation of human
dignity and degradation with destroys, to a very large extent, the individual

personality.it is a calculated assault on human dignity and whenever

human dignity is wounded, civilisation takes a step backward-flag of humanity must
on each such occasion fly half-mast.”
In the above landmark case (DK basu v. state of west Bengal), the apex court has also
laid down some guidelines for police personnel which they have to follow during
arrest and detention of the person. The guidelines are as follows
a) Police personnel who is making the arrest and handling the interrogation must wear
precise, visible and clear identifications and identification labels with their
designations.
All the details of the respective personnel must be recorded in a register.
b) A memorandum of the arrestee must be prepared and signed by at least one
witness, who is the family member or a relative of the arrestee. It should contain date
and time of arrest and must be signed by the detainee also.
c) A person who is detained in an interrogation centre or other confinement, shall
have a right to inform any family member, or friend or relative, or any person who is
interested in his/ her well-being.

8
DK basu v state of west Bengal AIR 1996 SC 610
d) The person arrested must be made aware of his right to have someone informed of
his arrest or detention as soon he is put under arrest or is detained.
e) The detainee must undergo a medical examination by a trained physician every 48
hours while in custody by a physician on the panel of approved physicians appointed
by the Director of Health Services of the State or Union Territory concerned.
f) The Arrestee may be allowed to meet with his attorney during the interrogation,
although not throughout the interrogation.
g) A police control room must be provided at all central, state and district offices.
h) All the minor and major injuries presented on the body of arrestee must be
recorded at the time of making the arrest after examination. The inspection memo
must be signed by both the detainee and presiding police officer.
Since a long time, Indian parliament has been debating in abolishing the treatment of
3rd degree torture, but no progress has been made yet. Our constitutional rights and
basic human rights simply denounce torture during interrogation because it is against
a person’s right of humanness
The police brutality or torture came into focus in India in the case of jayaraj and
bennixs case (2020) where the police brutally torture the victims, resulting in their
custodial death due to severe injuries occurred due to the brutality. The evidence and
final post mortem report shows that the death of duo was caused due to police
officials brutal tortured and inflicted severe injuries. In this case, the act of torture in
police custody clearly is linked to punishment or intimidation, or simply an assertion
of their power in khaki.
In Sube Singh vs state of Haryana 9 and others, the court laid down certain questions
that must be examined in a case of custodial torture-
1. Whether the violation of Article 21 is patent and incontrovertible
2. whether the violation is gross and of a magnitude to shock the conscience of the
court
3. whether the custodial torture alleged has resulted in death
 4.Whether custodial torture is supported by medical report or visible marks or scars
or disability.

9
Sube Singh v state of Haryana and Ors., 1996 112 PLR 503
If the court finds that there is no witness available in the case of a torture in custody
and the person himself is a witness and it is not supported by any medical report, the
court shall not grant any compensation to that person

RESEARCH METHOD
legal provisions have been referred like CrPC (1973), Indian constitution and
protection of human rights act (1993); . News articles from The Wire and The Times
of India ,India today,blogipleaders were also referred. All the legal and academic
research done on the above mentioned topic is based on various online journal and
website such as www.lawtimesjournal.in, www.indiankanoon.org and www.lexlife.in

SUGGESTIONS
It is high time that adequate steps should be taken in order to reform the police
personnel and protection of human rights. In order to promote human rights of an
individual, police need to be regularly equipped with the obligation and commitment
of the state about its human rights.
The excessive interference of higher officials and political leaders should be
discouraged and any amount of indiscipline to protect human rights be sternly dealt
with.
To check whether police personnel are working in accordance of the law, a statutory
authority must be established. Common people should be made aware about their
basic human rights so that they can know about the violation of their rights. A system
like ombudsman can also be establish to monitor the operations of police and in
deviance take action against the same. Police also need to be trained in matters
relating to contemporary developments in legal system and be explained about the
observations made by the judiciary in simpler terms.
These are some of the suggestion that can be take in consideration to improve the
techniques of police interrogation. Through these changes, police interrogation can go
in accordance with constitution and basic human rights can be protected

CONCLUSION
Police plays a vital role in enforcing law and order. As a responsible officers police
have an important task to protect and promote the human rights of a person as a part
and parcel of a state. The main task of police personnel is to protect the ordinarily
citizen from the unfair practices of another but where do a person go when the same
protector of law treat him miserably? It has been rightly pointed out by police
commission that the excessive use of power and force need to be regulated to prevent
the unfair practice of police officers. At the same time, political leaders and other
higher ranked officers need to stop exploiting the police personnel to sub serve their
vested interest. It cannot be denied that corruption has maligned the mentality of
police personnel and considering many instances, their job has also lost its essence.
While interrogating a person, the presiding officer should kept in his mind the human
rights of an individual and should also not exceed his power given by law. In any
legal system, the ultimate responsibility lies on the law enforcing officers especially
police, who can play a vital role in booming the human rights.

REFERENCE
 Mandeep tiwana(human rights and policing: landmark supreme court directives
and national human rights commission guidelines),2005
 The protection of human rights, 1993, sec.2(d), no.10, act of
parliament,1993(India)
 Legal services India, human rights law in India,
http://www.legalservicesindia.com/law-india/Human-Rightslaw-in-India.htm
(last visited on 10 june’ 22, 11.41AM)
 Lexlife India, human rights in India: a brief study,
https://lexlife.in/2021/07/30/human-rights-in-india-a-briefstudy/#_Toc77798147
(10 june’22, 7.30 PM)
 Law times journal, the principle of police interrogation and human rights,
https://lawtimesjournal.in/the
 principles-of-police-interrogation-and-the-human-rights/ (10 june’22, 12.00 AM)
 Indian constitution, art.20 cl.3
 Code of criminal procedure(CrPC)1973, section 41D, no.2, act of
parliament ,1974
 Code of criminal procedure(CrPC)1973, section 54, no.2, act of parliament ,1974
 Code of criminal procedure(CrPC)1973, section 57, no.2, act of parliament ,1974
 Sube Singh v state of Haryana and Ors., 1996 112 PLR 503
 DK basu v state of west Bengal AIR 1996 SC 610

SURAJ TIWARI
LAW CENTRE 2
FACULTY OF LAW,DU