6. Insertion of new sections 41A, 41B, 41C and 41D. " After section 41 of the principal
Act, the following new sections shall be inserted, namely:"
41 A. Notice of appearance before police officer. " œ(1) The police officer may, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41,
issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be
arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent Court.
41B. Procedure of arrest and duties of officer making arrest. " Every police officer while making an arrest shall"
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be"
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
41C. Control room at districts. " (1) The State Government shall establish a police control room"
(a) in every district; and
(b) at State level.
(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.
(3) The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.
41D. Right of arrested person to meet an advocate of his choice during interrogation.
" When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation..
7. Amendment of section 46. " In section 46 of the principal Act. in sub-section (1), the following proviso shall be inserted, namely:"
œProvided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer
shall not touch the person of the woman for making her arrest..
8. Substitution of new section for section 54. " For section 54 of the principal Act, the following section shall be substituted, namely:"
œ54. Examination of arrested person by medical officer. " (7) When any person is arrested, he shall be examined by a medical officer in the service of Central or State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:
Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person..
9. Insertion of new section 55A. " After section 55 of the principal Act, the following section shall be inserted, namely:"
œ55A. Health and safety of arrested person. " It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused..