Practice Relating to Rule 99. Deprivation of Liberty
India’s Geneva Conventions Act (1960) provides: “If any person within or without India commits or attempts to commit, or abets or procures the commission by any other person of, a grave breach of any of the [1949 Geneva] Conventions he shall be punished.”
Countless pieces of national legislation require that arrest be carried out in accordance with legal procedures. For instance, India’s Code of Criminal Procedure (1973) contains elaborate rules regarding arrest by law enforcement agencies and the protection of human rights while arrest is being executed.
India’s Police Manual (1986) states that the reasons for a detention order should be communicated as soon as possible, but ordinarily not later than five days after arrest, and in exceptional circumstances, for reasons to be recorded in writing, not later than ten days. For Punjab and Chandigarh, this period was extended to 15 days.
Countless pieces of domestic legislation provide for prompt information of the reasons of detention. For instance, preventive detention is permitted by India’s Constitution (1950) subject to a number of safeguards, namely that detainees have a right to be informed of the reasons for the detention order.
Countless pieces of domestic legislation contain provisions on the right to be brought promptly before a judge or other officer authorized by law to exercise judicial power. For instance, India’s Constitution (1950) provides fundamental guarantees for arrested persons, including the right to be produced before a magistrate.
In its judgment in the Peoples Union for Human Rights case
in 1991, India’s High Court of Gauhati directed the central government of India and the local government of Assam to instruct commissioned officers, non-commissioned officers, warrant officers and havildars that “any person arrested by the armed forces or other armed forces of the Union shall be handed over to the nearest police station with least possible delay and be produced before the nearest Magistrate within 24 hours from the time of arrest”.