THE KEY PRINCIPLES OF POLICE INTERROGATION AND HUMAN RIGHTS

Submitted
Project On To

Prof. (Dr.) Jaya Vasudevan

Assistant Professor in Research Methods and Legal Writing

Submitted By
Neha Tirkey
LL. M., Semester – I, Roll No. PG/15/2021/546
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RESEARCH OBJECTIVES

1. To understand the concept on the key principles of police interrogation and human rights

2. To understand the rights of the accused persons prior and during the police interrogation

3. To understand about the violations of constitutional fundamental human rights during the time of police interrogation and to analyse the custodial violence occurrence during the police interrogation

4. To understand the International Commitments towards protection of human rights

 THE KEY PRINCIPLES OF RELATIONSHIP BETWEEN POLICE AND HUMAN RIGHTS

A. Police act as Law Enforcement Agencies

1. In simple words, police are the groups of individuals, who are authorised by the State to preserve/maintain
law and order, to investigate and to prevent crimes in the society. The law enforcement agencies are the
Police and now the police have an obligation to protect the basic human rights of the individual. But, it is
generally seen that the police misuse and override the power of the authority. The police exceeds their power
when interrogating the accused in the police custody and to cause violation of fundamental human rights of an
individuals.

2. The police officers might seek, during the interrogations of the accused, to employ force to obtain confessions,
which would either help them to discovery of a new facts to resolving the case or to get assistance them to
locate the real facts and the perpetrator in the crime itself.
3. Police interrogations and human rights protection are intimately connected to each other. In every
country, Police which carries out diverse responsibilities and functions in order to maintain peace and order in
society. Police are the major law enforcement body.

4. The lives of people arrested, undertrials and convicts in Article 21 of the Indian constitution provide hope.
The treatment of such individuals should be compassionate and mandated by law without being subjected to
violence, torture, inhumane treatment and barbarism. The Supreme Court decided in the case of Maneka Gandhi
vs. Union of India,1978, that the State and police have unquestionable obligation to seize the violators or
perpetrators of the law. The legislation and the State's process for this commendable social aim must be in
accordance with civilised norms. Consequently, the state's approach must be fair, just and reasonable and
must follow the principles of natural justice, it should not violate the basic human rights of an individuals.
B. Fundamental Rights of Individuals Provided Under the Indian Constitution, While
Interrogation Conducted by the Police

1. Basic right to life, freedom and security

Every individual under police investigation has fundamental human rights to life, security and freedom of his or
her body. The right is provided in accordance with Article 20 and 21 of the Indian Constitution and also Article 3
of the Universal Declaration of Human Rights, 1948.

2. Immunizations against inhuman treatment and torture

Any kind of torture or inhuman treatment which would deprive him of his fundamental human rights to dignity,
respect and independence should not be subject to accused during police interrogation.
 

3. Right to equality (Art. 14 of COI)

Equality should be provided before law and equal protection of the laws to every accused subject to police interrogations. This right is recognised under Article 14 of the Indian Constitution, so that no state or state body may remove this right from any person during the interrogation procedure before the police.

4. To follow the due process of law

The police must required to follow the due process of law while interrogating an accused person and must not torture the accused during interrogation. Therefore, in questioning any accused, the police must follow these legal standards.
C. Rights of Accused Prior to Police Interrogation( as per section 50 of Cr.PC.)

1. Persons arrested to be informed the ground of arrest.

2. Right to have a relative of the accused be informed of his arrest.
3. Right to be informed the right to bail in bailable offences.
4. Right to consult a lawyer of his own choices.
5. Right to legal aid assistance.
6. Person arrested to be taken before magistrate within 24 hours without any delay.

D. Rights of Accused Persons During Police Interrogation

1. Right to meet Lawyer of his own choices during interrogation
2. Right against unnecessary restraint except an arrested person escape out from the
lawful custody.
3. Right against self-incrimination( article 20(3) of COI)
4. Right to be examined medically
5. Confession of the accused person in the police custody not to be used/admissible
in the court of law(as per section 24, 25, 26 of Indian evidence act)
E. VIOLATION OF HUMAN RIGHTS UNDER POLICE INTERROGATION

1.The phrase ‘human rights’ may be defined in accordance with the basic rights that every human being deserves in
the normal lifetime. Freedom of liberty and the right to live with dignity, access to food, water and shelters, are some
of the fundamental rights, as well as other, to which the States strive.

2. The idea of violation of human rights may be considered to be in violation of an individual's fundamental rights,
which cause the accused to be mentally or physically or emotionally harassed by the action of police brutality,
torture, unlawful detention, custodial deaths and other crimes are the most prevalent types of violation of human
rights in police custody.

3. Custodial violence was not defined in Indian law, but custodial violence does include unlawful detention or third-
degree torture methods on the basis of suspects or for insufficient reason to humiliate them with filthy language, not
to allow them to sleep, to extort a confession under pressure in order to collect further evidence, and to misuse the
power of a handcuffing, not allowing to meet counsel or family members, or denial to food etc.

4. The two Judge Bench Supreme Court declared in a landmark judgement in D.K. Basu case, that custodial
violence, including torture and death in lock-ups violates the rule of law. The Court noted that, notwithstanding
carefully regulated statutory and constitutional safeguards to protect the rights of detained individuals, many acts of
torture and death have been committed in police custody.
F. International Commitments towards the protection of human rights

1. Universal Declaration of Human Rights,1948

All member nations of the UN have accepted the Universal Declaration of Human Rights or UDHR. This has
been implemented in order to safeguard everyone equally. The following are the corresponding articles:

Article 3: Every person has the right to life, liberty, and security.
Article 5: No person should be subjected to torture, inhuman, degrading, or cruel treatment.
Article 9: Protection against arbitrary arrest, detention, or exile.

2. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment(Commonly known as the United Nation Convention Against Torture(UNCAT)) 1984

The General assembly of the United Nations in the light of Article 5 of the Universal Declaration of Human
Rights and Article 7 of the International Covenant on Civil and Political Rights adopted the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This Convention states that torture
or other cruel, inhuman or degrading treatment or punishment have been prevented. The countries have to ban
the practise of torture or any other cruel, inhumane behaviour within their competence of jurisdiction. This
Convention also allows for public official training on the same subject. This way the human rights are protected
from torture. If any public officials commits such torture, the Convention shall also compensate or provide for
any other remedies to that effect.
G. Findings & Conclusion
The police or law enforcement agency are seen as a human rights protector or guardian of the people's
fundamental rights. Finally, the data is available in the name of questioning on all claimed incidents of torture and
death in custody. It is therefore essential to make individuals aware of their rights in this scenario.

Despite such widespread legislation, nothing has been followed by reports from different committees such as
Commissions on Human Rights, Universal Deceleration of Human Rights, unambiguous guidance from the
Supreme Court etc.

The government must thus take stringent measures in order to comply with all laws and to give human rights
protection to individuals and not to be contrary, to the conscience of human beings. Authorities must be free from
corruption and citizens must be more accountable and informed of their rights, so that none of their human rights are
denied when following any law-making process.
THANKING YOU.