The Supreme Court of India has laid down guidelines for police to follow when visiting advocates in police stations:
Right to a lawyer
The accused must be informed of their right to a lawyer before being questioned. The police report must mention that the accused was informed of this right.
Access to a lawyer
The accused must be allowed to meet with their lawyer at any time during interrogation. If the accused does not have access to a lawyer, they must be provided one.
Interrogation location
The interrogation must take place in a clearly identifiable location that is accessible to the accused’s relatives or friends.
Interrogation methods
The methods used for interrogation must be consistent with the rights to life, liberty, dignity, and protection from torture and degrading treatment.
Complaint redressal
The police must establish a mechanism to address complaints about violations of these guidelines.
The mechanism should promptly investigate complaints and take corrective action.
The Supreme Court also laid down guidelines for arrests in the D.K. Basu v. State of West Bengal case. These guidelines include:
The arrested person must be medically examined at the time of arrest and every 48 hours during detention.
Women must be detained separately from men.
The police must notify the arrested person’s next friend or relative as soon as possible.
The police must notify the arrested person’s next friend or relative of the time, place, and venue of custody within 8 to 12 hours.