Communication with Lawyer, Relative or Friend while under Police Custody.

Communication with Lawyer, Relative or Friend while under police custody.

Section 54 of the Criminal Procedure Act safeguards the right of a person under restraint (detention or custody) to communicate with a lawyer, relative, or friend. It ensures access to legal representation and personal support while under investigation. Subsection (1) imposes a duty on police officers to provide reasonable facilities for such communication upon request by the restrained person. This may include making phone calls, arranging visits, or other forms of contact, depending on the circumstances.

However, subsection (2) provides a limited exception: a police officer may refuse communication with a relative or friend (but not a lawyer) if there are reasonable grounds to believe that allowing such contact would likely result in:

• The escape of an accomplice, or

• The loss, destruction, or fabrication of evidence connected to the offence under investigation.

This provision balances the individual's right to communicate with necessary law enforcement objectives, such as preserving evidence and preventing obstruction of justice. Importantly, communication with a lawyer is not subject to the same limitation, reaffirming the constitutional right to legal counsel.