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Bengal Presidency - Section

Section 262 in Police Regulations, Bengal , 1943

262. Complaints of ill-treatment against the police by arrested persons. [§ 12, Act V, 1861].

- Directly an accused person is placed under arrest, the investigating officer shall ask him whether he has any complaint to make of ill-treatment by the police, and shall enter in the case diary the question and answer. If an allegation of ill-treatment is made, the investigating officer shall then and there examine the prisoner's body, if the prisoner consents, to see if there are any marks of ill-treatment, and shall record the result of his examination. He shall further consider and note whether there is any reason to believe that marks found are attributable to other causes than ill-treatment such as resistance to arrest. If the prisoner refuses to allow his body to be examined, the refusal and the reason therefor shall be recorded. If the investigating officer finds that there is reason to believe the allegation of ill-treatment, he shall forward the prisoner with his complaint, the record of corporal examination, any other evidence available, and if possible the police officers implicated by the prisoner's complaint, to the nearest Magistrate having jurisdiction to enquire into the case.