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Since 1st March, 1999
 
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MAINTAIN A CLEAN RECORD

Judicial inquiries must be mandatory in all cases of death at the hands of the security and armed forces and completed within a specific time frame and that the judges in such inquiries be empowered to direct the prosecution...

Section 4(b): Power to destroy structure and hideouts which may hide absconders without verification; Presumption of innocence of the alleged absconders be guaranteed and respect for the principles of proportionality on the use of the force ensured.

Section 4 (c): Arrest without warrant; No person shall be arrested without warrant by the armed forces; In case of arrest without warrant by commissioned officers under exceptional circumstances as provided under sections 41 and 42 of the Criminal Procedure Code, the arrested person must be handed over to the police within 8 to 12 hours and a report be made by the armed forces to the nearest police station explaining the grounds and circumstances under which arrest had to be made without warrant;

The commissioned officers carrying out the arrest shall prepare a memo at the time of arrest without warrant and such memo shall be attested by at least one witness, who may be either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall be counter-signed by the arrestee and shall contain the time and date of arrest and the grounds for arrest and document/materials recovered or seized;

The commissioned officers carrying out the arrest without warrant and detaining the arrestee till he or she is handed over to the nearest police station and those handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such personnel who handle interrogations must be recorded in a register and be handed over to the police;

The armed forces must maintain a diary for arrest without warrant and an entry must be made in the diary at the place of detention regarding the arrest of the person which shall disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the commissioned officers in whose custody the arrestee is;

That the arrestee should be also examined at the time of his/her arrest and major and minor injuries, must be recorded at that time. The ?Inspection Memo? must be signed both by the arrestee and the commissioned officer effecting the arrest and its copy provided to the arrestee;

Section 4 (d): Power to search and seizure without warrant; The provision of CrPC governing search and seizure be incorporated in the amended AFSPA; The property or the arms, ammunition seized during the search and seizure operations be handed over to officer in charge or the nearest police station together with a report of the circumstances occasioning such search and seizure.

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