Treatment of Persons Under Police Custody or Restraint

Treatment of Persons Under Police Custody or Restraint.

Section 55 of the Criminal Procedure Act provides for the humane treatment of any person under restraint (i.e., someone in police custody or otherwise deprived of liberty). It imposes legal obligations on law enforcement to uphold the dignity and rights of individuals while in their custody. Subsection (1) requires that all such individuals be treated with humanity and respect for their human dignity, reflecting both constitutional and international human rights standards.

Subsection (2) strictly prohibits any form of cruel, inhuman, or degrading treatment, making clear that mistreatment or abuse of detainees is not permissible under any circumstance. This includes physical abuse, psychological torture, or denial of basic needs.

Subsection (3) adds a specific right to medical care. If a restrained person either requests medical help or if the police officer perceives the need for such care, the officer is legally obliged to take immediate and reasonable action to ensure access to appropriate medical treatment, advice, or assistance. This provision safeguards the health and well-being of persons in custody and imposes a duty of care on law enforcement.