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SOP Station House Management by Kerala Police

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92 8. ARREST, SEARCH AND SEIZURE

charge or otherwise, alleges

at the time when

he is produced before

a Magistrate or at any

time during the period

of his detention in custody

that the examination

of his body will afford

evidence which will

disprove the commission

by him of any offence

or which will establish

the commission by any

other person of any offence

against his body,

the Magistrate shall, if

requested by the arrested

person so to do

direct the examination

of the body of such person

by a registered medical

practitioner unless

the Magistrate considers

that the request is

made for the purpose

of vexation or delay or

for defeating the ends of

justice.

(2) Where an examination

is made under Sub-

Section (1), a copy of

the report of such examination

shall be furnished

by the registered

medical practitioner to

the arrested person or

the person nominated

by such arrested person.

8.22 Identification

of the person arrested

(Section: 54 A CrPC)

Where a person is arrested

on a charge of

committing an offence

and his identification by

any other person or persons

is considered necessary

for the purpose

of investigation of such

offence, the Court having

jurisdiction may on

the request of the officer

in charge of a Police

Station, direct the

person so arrested to

subject himself to identification

by any person

or persons in such

manner as the Court

may deem fit. Provided

that, if the person

identifying the person

arrested is mentally

or physically disabled,

such process of identification

shall take place

under the supervision

of a Judicial Magistrate

who shall take appropriate

steps to ensure

that such person identifies

the person arrested

using methods that person

is comfortable with;

Provided further that if

the person identifying

the person arrested is

mentally or physically

disabled, the identification

process shall be

video graphed.

8.23 Procedure

when Police Officer

deputes

subordinate to

arrest without

warrant

(Section: 55 CrPC)

(1) When any officer in

charge of a Police Station

or any Police Officer

making an investigation

under Chapter XII

requires any officer subordinate

to him to arrest

without a warrant (otherwise

than in his presence)

any person who

may lawfully be arrested

without a warrant, he

shall deliver to the officer

required to make

the arrest an order in

writing, specifying the

person to be arrested

and the offence or other

cause for which the arrest

is to be made and

the officer so required

shall, before making the

arrest, notify to the person

to be arrested, the

substance of the order

and if so required by

such person, shall show

him the order.

(2) Nothing in Sub-

Section (1) shall affect

the power of a Police officer

to arrest a person

under Section 41.

8.24 Direction

as to arrest in

cognizable cause

When a Station House

Officer wants his subordinate

to arrest a person

concerned or suspected

in the commission of a

cognizable case, an order

in KP.F. No. 118 is

to be given to such subordinate

for the arrest.

(Chapter-IX, Rule-324,

PSO)

8.25 Health

and safety of the

accused person

(Section:55 A CrPC)

It shall be the duty of

the person having the

custody of an accused to

take reasonable care of

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