D.K. Basu Case Guidelines– The DK Basu case refers to a landmark judgment by the Supreme Court of India regarding custodial torture and protection of human rights. The case is officially known as “D.K. Basu v. State of West Bengal” and the judgment was delivered on 18 December 1996.
D.K. Basu Case Guidelines
In this case, the Supreme Court laid down specific guidelines to be followed by the police during the arrest and detention of individuals. The court recognized that custodial torture and ill-treatment were a violation of a person’s fundamental rights under the Constitution of India.
Some of the key guidelines outlined in the DK Basu case include:
- The police must notify a relative or friend of the arrested person about the arrest and the place of detention.
- The person being arrested must be informed of their right to have someone informed of their arrest.
- The memo of arrest must be prepared and signed by the arresting officer, and it should include the time and date of arrest.
- The arrested person must be presented before a magistrate within 24 hours of arrest.
- The detainee has the right to meet their lawyer during interrogation, although not throughout the entire investigation.
- The arrest and detention records should be maintained and must include the name of the person arrested, the name of the police officers in whose custody the arrestee is, and the time, place, and reason for arrest.
These guidelines were established to prevent the abuse of power and protect the rights of individuals in police custody. The DK Basu case has had a significant impact on shaping the legal framework surrounding the treatment of detainees and upholding the principles of human rights in India.