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Frequently Asked Questions

Questionnaire on Human Rights

Hon’ble Thiru. Justice D. Murugesan, Judge, High Court, Madras

Question No.1 :-

The Investigating officer calls a juvenile aged below 15 and his mother for an interrogation to the police station.  Whether this action is right?


    NO       Refer :     Section 160(1) of Cr.P.C.

Question No.2 :-

On production of the accused by the Police, the accused prays for medical examination? Would you permit it?


YES    Refer :     Section 54 of Cr.P.C.

Question No.3 :-

A person arrested is handcuffed and produced before the magistrate.  Is the action right?


NO    Read :     Citizens for democracy Vs. State of Assam (1995 3 SCC 743)

Question No.4 :-

Can a Public servant who is not a member of SC/ST willfully neglects his duty, required to be performed by him under SC / ST Act 1989, shall be punished?


YES   Refer :     Sec. 4 of SC / ST (Prevention of Atrocities Act 1989)

Question No.5 :-

During trial the accused complaints that the police compels to be witness against himself.  Would you entertain the complaint?


YES    Refer :     Article 20(3) of the Constitution of India

Question No.6 :-

The accused claims that he must be heard on a question of sentence.  Is the plea right?


YES    Refer :     235(2) and 248(2) of Cr.P.C

Question No.7 :-

A person with mental illness is facing trial.  He claims that he must be given an opportunity of psychological or psychiatric counseling with a view to have an early detection and prevention of mental illness.  Would you permit it?


YES   Read :     NHRC Guideline approved by the Hon’ble High Court of Delhi in 2003

Question No.8 :-

The complainant insists that, in addition to police inquiry / investigation there must be an inquiry by judicial magistrate in a case of a rape of women in police custody.  Would you allow it?


YES   Refer :     Section 176(1A) of Cr.P.C.

Question No.9 :-

A women serving sentence in jail claims that she must be given adequate pre-natal and post natal health care treatment by jail authorities.  Is her claim right?


YES    Refer :     Article 21 of Constitution of India

Question No.10 :-

A man serving in sentence pleads that he must be given permission to write books and get them published and to permit press people to conduct interviews.  Is the claim right?


YES   Refer :     Article 21 of Constitution of India

Question No.11 :-

A voluntarily surrendered accused, suspected to be an offender prays for medical examination quoting 54 Cr.P.C.  Will you order such examination?


YES   See :     Selvam Vs.State (2007 (1) Madras Weekly Notes (Cr.) 380 MAD

Question No.12:-

On conviction of an offence of rape judgment mentions the name of the victim.  Is that right?


NO   Read :     Bhupinder Sharma Vs. State of UP 2003 CCR 340

Question No.13:-

Without production of accused whether remand can be extended?


NO   In normal circumstances without production of accused remand should not be extended.

Question No.14:-

Can an Investigating officer be compelled to offer himself to be searched in the presence of witnesses before conducting search of a premises?


YES   Read :     State of Bihar Vs. Kapil Singh (1969 CRLJ 279) SC

Question No.15:-

When a victim of trafficking was produced before a magistrate he gives custody to the parents without ascertaining the suitability of the parents.  Is the order right?


NO   Refer :     Section 17(2) of ITP Act.

Question No.16:-

A person who is carrying on prostitution makes an application to the magistrate for an order to keep herself in a protective home?


YES Refer :     Section 17(3) of ITP Act.

Question No.17:-

A victim of rape who is a witness in a case of schedule caste and schedule tribe prevention of atrocities act complaints that she is not provided compensation before the conclusion of trial by the Government.  Is that claim right?


YES   Refer :     Rules under SC & ST Prevention Atrocities Act.

Question No.18:-

For obtaining reception order for a mentally ill person is it necessary to enclose Medical Certificate which is to be issued only by a Government Doctor


YES   Refer :     Section 20  Mental Health  Act  1987 -  2007(2) MLJ Crl. 1506  Uma manickam Vs. Inspector of Police.