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SOP Station House Management by Kerala Police

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8.4. THE INVESTIGATING OFFICER SHALL FOLLOW THE FOLLOWING PROCEDURE 87

ment receipt attested by

an independent witness;

if available at the spot

in addition to getting

the same attested by the

concerned investigating

officer himself.

5. A duly indexed

booklet containing serially

numbered notices in

duplicate/ carbon copy

format should be issued

by the SHO of the Police

Station to the Investigating

Officer. The

Notice should necessarily

contain the following

details:

a. Serial Number

b. Case Number

c. Date and time of appearance

d. Consequences in the

event of failure to comply

e. Acknowledgment slip

8.4 The Investigating

Officer

shall follow the

following procedure

a. The original is served

on the accused/suspect;

b. A carbon copy

(on white paper) is retained

by the IO in his/

her case diary, which

may be shown to the

concerned Magistrate as

and when required.

c. Used booklets are

to be deposited by the

IO with the SHO of the

Police Station who shall

retain the same till the

completion of the investigation

and submission

of the final report under

section 176(2) of the

CrPC.

d. The Police department

will frame appropriate

rules for the

preservation and destruction

of such booklets.

e. The above information

should be displayed

at prominent

places in the Police Stations,

to inform the public

of their rights and

recourses available to

them.

f. Failure on the

part of the IO to comply

with the mandate

of the said provisions

of the CrPC and the

above procedure shall

render him liable to appropriate

departmental

action/disciplinary proceedings

under the applicable

rules and regulations

as well as contempt

of Court in terms

of the directions of the

Hon’b1e Supreme Court

in the case of Arnesh

Kumar Vs. State of Bihar

(2014) 8 SCC273

8.5 Procedure

of arrest

(Section.41.B CrPC)

Every Police officer

while making an arrest

shall-

(a) bear an accurate,

visible and clear identification

of his name which

will facilitate easy identification;

(b) prepare a memorandum

of arrest which

shall be-

(i) attested by at least

one witness who is a

member of the family of

the person arrested or

a respectable member of

the locality where the

arrest is made;

(ii) countersigned by the

person arrested; and

(c) Inform the person

arrested unless the

memorandum is attested

by a member of

his family that he has a

right to have a relative

or a friend named by

him to be informed of

his arrest.

8.6 Right of

arrested person

(Section: 41D- CrPC)

When any person is arrested

and interrogated

by the Police, he shall

be entitled to meet an

advocate of his choice

during interrogation,

though not throughout

interrogation.

8.7 Arrest on

refusal to give

name and address

(Section:42 CrPC)

(1) When any person

who in the presence

of a Police officer has

committed or has been

accused of committing

a non-cognizable offence

refuses, on demand of

such officer, to give his

name and residence or

gives a name or residence

which such officer

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