Kolkata Police
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Special Rights


Rights of Citizen under Trials

  • Everyone charged with a criminal offence is entitled to a fair and public hearing, by a competent, independent and impartial tribunal. It is the duty of all governmental institutions, including the police, to respect and observe the independence of the judiciary. 
  • No one, including law enforcement officials shall attempt to influence a judge's decision through improper restrictions , offers, pressures, threats or any other interference, for any reason. 
  • When there is a reason to believe that evidence was obtained by unlawful methods all necessary steps should be taken to ensure that those responsible for using such methods are brought to justice.

Rights of Citizen as a Victim

  • Victims are entitled access to the mechanisms of justice and to prompt redress as provided for by national legislation for the harm they have suffered. 
  • Victims should be informed of their options for seeking redress through mechanism. 
  • Victims should be informed of the steps they must take in proceedings, and also about the scope, timing and progress of the proceedings and of the disposition of their cases. 
  • Measures should be taken to ensure the privacy and safety of victims from intimidation and retaliation. 
  • Victims should be informed of the availability of health and social services and other relevant assistance. 
In providing assistance to victims, law enforcement officials should give attention to victims who have special needs because of the nature of the harm inflicted on them or beaches of factors such as gender, age, disability, ethnic or social origin or cultural beliefs or practices. 

Rights of Citizen regarding Force and Fire Arms

  • Law enforcement officials shall not use a firearm with the intention to kill any person unless it is completely unavoidable in order to protect the life of the law enforcement official or the life of any other person. 
  • Law enforcement officials shall not use firearms against persons except in the following objectives : 
    1. To defend themselves or others against the imminent threat of death of serious injury; 
    2. To prevent a particularly serious crime that involves a grave threat to life 
    3. To arrest a person who is causing a serious threat to life and is resisting appropriate efforts to stop the threat; and 
    4. To prevent the escape of someone who is causing a serous threat to life. 
  • If police or public security officers do use firearms against persons in the circumstances set out in the above point, they must: 
  • Identify themselves as law enforcement officials Give a clear warning of the intent to use firearms; and 
  • Give enough time for the working to be obeyed unless to do so would:
    1. create a serious risk for the law enforcement official; or 
    2. create a serious risk of death or serious harm to other persons; or
    3. clearly be inappropriate or pointless in the circumstances.

Whenever the lawful use of force or firearms is unavoidable, law enforcement officials shall:

  1. Act with restraint and only use the amount of force necessary to achieve the legitimate law enforcement objective. 
  2. Respect human life and cause the minimum amount of injury to people; 
  3. Cause the minimum amount of damage to property; 
  4. As soon as possible, help anyone who is hurt and render medical aid if needed; and As soon as possible, ensure that relatives or friends of people injured or affected by the incident are notified. 
  5. Whenever a firearm is used by a law enforcement official a report must by made to a superior officer as soon as possible. 
  6. Anyone affected by the use of force or firearms is entitled to ask the authorities for a formal investigation or review (including a review by a judge or similar authority). 
  7. If death has occurred, dependents of the deceased person have the right to obtain a review a legal representative of a person affected by the use of firearms also has the right to seek a review. 
  8. Superior officials shall be held responsible if they know, or should have known, that law enforcement officials under their command are resorting, or have resorted, to the unlawful use of force and firearms and the superior officials did not take all measures in their power to prevent, suppress and report such use.

Obedience to superior orders shall be no defense if law enforcement officials knew that orders to use force and firearms resulting in death or serious injury of a person were unlawful and had a reasonable opportunity to refuse to follow them, in any case responsibility also rests on the superiors who gave the unlawful orders.

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