News By/Courtesy: Priyanka Patnaik | 24 May 2020 7:49am IST

HIGHLIGHTS

  • What is police interrogation?
  • Rights during police interrogation
  • Duties during police interrogation

What is police interrogation?
The police have the right to interrogate an accused who has been brought under cognizable offense or non-cognizable offense. The reason it is done is to find the important details about the incident which will help the case to be solved.
Rights during police interrogation 
  • According to section161 (1) CRPC, the accused is advised not to give any statement which may go against him and prove that he is guilty of the offense.
  •  police don't have the right to force the accused to make any statement that can be used as evidence in the crime.
  • According to Section 24 of the Indian Evidence Act and section 316, CRPC that police can threaten or force the accused to confess to the crime which he/she has bee accused.
  • According to section 330 and section 331 of IPC, the police can be held liable if the accused is injured during the police interrogation. A police officer cannot torture or ill-treat or abuse the accused during interrogation. 
  • In case the accused has any complaints regarding the interrogation, he/she can register a complaint with the superintendent of police or higher officials like Deputy Inspector General of Police (D.I.G.) or the Inspector General of Police (IG).
  • The court has the right to complain to the magistrate in a court having jurisdiction. Complaints regarding police interrogation can be filed by the state human rights commission or national human rights commission.
Duties during police interrogation 
  • The accused must give correct and accurate information that is best known to him or her.
  • According to 162(1) of CRPC, it is not required to sign any statement given any the accused during the process of interrogation.
  • Section 26 of the Indian Evidence Act, any statement given by the accused to the police can't be used against him/her until the statement is made before the magistrate.
  • If the accused wants to confess he/she can confess before the magistrate. The magistrate also must tell the accused that the accused shouldn't confess under any pressure. Once the accused confesses it will be used as evidence. If the magistrate is not convinced that the accused is confessing without any pressure it will not wite the confessional statement.
According to section 164 CRPC, judicial confessions are made in the presence of a magistrate or before the court during the trial. Extra-judicial confession is a confession that is made before any person other than authorized by the law. 

Section Editor: Pushpit Singh | 24 May 2020 20:01pm IST


Tags : #section161

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