DK BASU V. STATE OF WEST BENGAL AIR 1997 SC 610
- The case of DK Basu vs State of West Bengal, decided by the Supreme Court of India is a landmark case that established crucial guidelines for arresting and detaining individuals in India. This case was instrumental in safeguarding fundamental rights and preventing custodial violence.
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DK Basu, a human rights activist, brought the issue of custodial deaths and torture to the Supreme Court's attention.At the time, there were no specific laws or procedures to regulate arrests and detentions, leading to widespread abuse of power by law enforcement agencies.
- The Supreme Court laid down 18 guidelines to be followed in all cases of arrest and detention. These guidelines aimed to:
o Ensure transparency in arrests and prevent illegal detentions.
o Protect arrested individuals from torture and cruel, inhuman, or degrading treatment.
o Guarantee the right to legal representation and medical examination.
o Hold authorities accountable for any violations of these guidelines.
- These guidelines were later incorporated into the Criminal Procedure Code (Amendment) Act, 2008, making them legally binding.
- In light of this, the Apex Court laid down the following guidelines for the arrest and detention of individuals
- Police officers involved in the arrest and interrogation of an arrestee must wear clear, visible identification and name tags with their designations. Details of all police personnel handling the interrogation must be recorded in a register.
- The police officer affecting the arrest must prepare a memo of arrest at the time of arrest. It should be witnessed by at least one person who may be a family member or a respected individual from the area where the arrest occurs. The memo should also be countersigned by the arrested person and include the time and date of the arrest.
- Any person arrested and held in custody has the right to have a friend, relative, or someone is known to them informed about their arrest and detention as soon as possible unless the witness to the arrest is such a friend or relative.
- The police must notify the time, place of arrest and place of custody of the arrestee to the next of kin if they live outside the district or town. This notification should be made through the Legal Aid Organization in the district and the concerned area’s police station within 8 to 12 hours after the arrest.
- The person arrested must be informed of their right to have someone informed of their arrest or detention as soon as they are taken into custody.
- An entry regarding the arrest must be made in the case diary at the place of detention. This entry should also include the name of the person informed about the arrest (next of kin) and the names and details of the police officials responsible for the arrestee.
- The arrestee, upon request, should be examined at the time of arrest and any visible injuries on their body, major or minor, should be documented. Both the arrestee and the police officer should sign an “Inspection Memo,” and a copy should be provided to the arrestee
- The arrestee should undergo a medical examination by a qualified doctor every 48 hours during their custody. These doctors should be on a panel of approved doctors appointed by the Director of Health Services in the respective State or Union Territory. Such a panel should be prepared for all Tehsils and Districts.
- Copies of all documents, including the memo of arrest, should be sent to the Magistrate for their records.
- The arrestee may be allowed to meet with their attorney during the interrogation, although not necessarily throughout the entire process.
- Police control rooms should be established at all district and state headquarters. The officer in charge of the arrest must communicate information about the arrest and the place of custody of the arrestee to the control room within 12 hours of effecting the arrest. This information should be displayed on a visible notice board at the control room.
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