section 63
Arrest and Detention
The Sikkim Police Act, 2008(1) A Police officer effecting arrest or detaining a person arrested in accordance with the Law shall, (i) wear accurate, visible and clear identification, with name tags; (ii) prepare a memo of arrest at the time of arrest giving the date and time of the arrest, and forthwith send a written communication to his immediate superior; (iii) inform the person arrested of his right to have some one of his choice as a next friend, notified of his arrest or detention as soon as he is put under arrest or is detained, and forthwith cause such a person to be notified; (iv) make an entry in the diary at the place of detention regarding the arrest of the person, specifying the name of the next friend of the person arrested who has been informed of the arrest and the names and particulars of the Police officials in whose custody the person arrested is kept; (v) arrange for immediate medical examination by a doctor designated for the purpose and for further medical examination every forty-eight hours during his detention in custody; (vi) send copies of all the documents including the memo of arrest referred to above, to the Magistrate having jurisdiction, for his record; (vii) permit the person arrested to meet his lawyer in such manner as may be prescribed; (viii) cause the name and other particular of the person arrested to be displayed in the notice board at the place of detention and at such other places as may be prescribed; (ix) inform the arrested person, of his right to engage a lawyer and of the provisions of Legal Aid Authority for getting free legal aid. (2) In making an arrest or keeping an arrested person in custody, only that amount of force shall be used as may be reasonably required to ensure that there is no possibility to escape. Handcuffing of a person arrested or in lawful police custody shall be resorted to only where there is a reasonable apprehension that such a person may turn violent, attempt suicide, escape or be forcibly released from arrest or detention.
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