Human Rights

The Principles of Police Interrogation and Human Rights

Human Rights are the basic rights that every person is entitled throughout life irrespective of their place of origin, beliefs, and lifestyles. These rights are privileges given by emergence of modern civilization, although they can be sometimes restricted by the state but can never be stopped or taken away by state. These rights are based on basic values like dignity, equality, respect, independence, etc. these rights are defined by law and protected by law enforcement agencies.

The Police is the agency saddled with the power to maintain law and order, it is also their duty to protect the Human Rights of the citizens, but most times, they abuse and misuse this power thereby maltreating the accused during interrogation. To solve this problem, various principle of police interrogation was made. The motive behind these motives is to protect and promote the basic Human Rights. So, the accused is given certain rights while he/she is been held by the police for interrogation.

Principle of Police Interrogation

(1.)      Person subjected to interrogation has his/her basic right to life, liberty and security. Police authorities in no way can take away these basic rights from the concerned principles. Derived from Article 3 of the Universal Declaration of Human Rights

(2.)      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.)       A person subjected to interrogation cannot be arbitrarily deprived of his/her life.

(4.)       Every accused who is under police interrogation should be granted equality before law and equal protection of law.

  Basic Rights of The Accused when being Interrogated

(1.)       It is the right of an accused to inform a relative or close friend of his arrest. It is the duty of the police arresting to inform the accused of this right of his.

(2.).        When a person is arrested without warrant, it is the duty of the police to inform him of his right to file for bail.

(3.)        It is the right of an accused arrested for any criminal offence to be defended by a lawyer of his choice.

(4.)        If the accused is unable to get a lawyer that will defend him, it is the responsibility of the state to provide a lawyer to him for legal aid.

(5.)         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.

Different Techniques used by The Police during Interrogation

Deception – Under this technique the interrogator tries to deceive the accused by telling lies after lies regarding his presence being framed by anyone else in the crime scene. With the help of lies the interrogator tries that the accused agrees to their story. This type of method is not prohibited under any law of India and is frequently used by the police, making the mental pressure and harming the image and dignity of the other in the mind of the accused which is against human rights.

Good Cop-Bad Cop – in this technique two police officers will take the role of good cop and bad cope. Now they will behave opposite in treatment with the accused, this is done so as to create an image in the mind of the accused that he can trust the good cop and can tell the truth.

Mind Altering Drugs– This technique is seldom used but used by some officers. With the help of drugs, the accused’s position of mind is altered. This technique is illegal.

Torture – Torture mainly 3rd degree torture includes taking away of food, exposure to bright lights, electric shocks, keeping in secluded place for long time, physical discomfort etc. are done in order that the accused confesses or bow down before the authorities. All these acts are certainly against the dignity and counts as inhuman behavior derogatory to basic human rights of individuals. They are contrary to the provisions of the 2017 Anti Torture Act

Conclusion

The authorities need to take strict steps so as comply with all the laws and grant people with their basic human rights and not to go against the conscience of human beings. Authorities needs to be corruption free and individuals need to be more responsible and aware of their rights in order to ensure that no one is deprived of his basic human rights while following any process of law.