CBI Custody- Complete Procedure And Rules To Follow

Once a person has been arrested as per the provisions provided in the DSPE Act and the Code of Criminal procedure- the next step, naturally, is the detaining of the accused i.e. CBI Custody.

If an accused person who has been arrested is not released on bail, then he should be produced before the magistrate-who’s having jurisdiction over the case within the next 24 hours.

In cases where it is not possible for the Investigating Officer to produce the accused before the magistrate on that day, the Arresting Officer has to keep the accused in the custody of the Police lock up. This is usually done by using the lock up facilities of the Police Station which deployed the Arresting Officers or by using the facility of the nearest Police Station.

When the accused gets remanded there, it is mandatory for the branch to have at least one officer posted to guard the lock ups. In case of a female detainee, a female police officer should be provided for.

Rights Given To The Detainees Under CBI Custody

A person, once detained, also has certain rights that have to be complied with in accordance with the decision given by the supreme court in the case of D.K Basu Vs. The State of West Bengal.[1]

These rights are:

  • A person who has been arrested or detained and is being held in CBI custody in a Police station or interrogation centre or other lock-up shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place unless the attesting witness of the memo of arrest is such a friend or a relative of the arrestee.
  • An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the Police officials in whose custody the arrestee is.
  • The arrestee should be subjected to medical examination by every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the State or Union Territory concerned. Director, Health Services should prepare such a panel for all tehsils and districts as well.
  • Furthermore, if a person in police or CBI custody is suffering from any sort of injury or mental illness at the time of detention or in cases where the person suffers from any such condition after getting arrested, such persons have to be subjected to medical examination at the earliest opportunity.

Furthermore, it should be made sure that proper medical care is given to the the ill.

  • Finally, the face of the accused should be covered immediately upon his arrest and a note to this effect may be made in the Arrest Memo, Case Diary and the Remand Application. The accused should also be instructed to keep his face covered as he may be subjected to Test Identification (TI) Parade.
  • Ordinarily, when the accused is to be put on TI Parade, he may be sent to judicial custody and immediately an application may be submitted to the Court for holding TI Parade so that the accused may be taken in Police custody remand subsequently within the first 15 days of arrest, if necessary.

This’s all about CBI Custody  for now. Did you find this post useful?  Let us know in the comments section below. And Share!!


[1] AIR 1997, S.C. 610

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