D K Basu v. State of West Bengal, AIR 1997 SC 3017

Updated On: June 29, 2021 4:09 pm

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D K Basu v. State of West Bengal, AIR 1997 SC 3017

Fact of the Case:

A letter was written by the Chief Executive Chairman of Legal Aid Services, West Bengal to the Chief Justice of India referring to certain newspaper reports wherein mistreatment of prisoners by the police was alleged. This letter was treated as a writ petition and notice was issued to all the State governments seeking their views on the same. Thereupon, the Court gave various guidelines to be observed by the police while securing arrest of persons.

Judgment:

The Apex court detailed eleven measures to be observed by the police to secure arrest of accused. They can be summarized as,:

Arresting or interrogating official have to bear identification badge.
There has to be a preparation of memo of arrest in the presence of a family member or local person.
Arrestee has a right to have his relative or friend informed of his arrest as soon as practicable.
Details of arrest are to be informed within 8-12 hours to his relative or friend in case the arrestee lives outside the district or town of arrest.
The arrestee must be told of his rights to have someone informed soon after the arrest.
The details of arrest and transmission of information to the next friend or relative have to be entered in the police diary.
In case arrestee requests for examination of bodily injuries at the time of arrest, the request has to be complied with.
The arrestee has to be subjected to medical examination by a trained doctor every 48 hours during custodial detention.
The arrestee has to be permitted to meet his lawyer during investigation which is not necessary for throughout interrogation.
Copies of all documents seized/procured have to be submitted to magistrate.
Police control room district or the State Headquarter has to notify in the notice board about the fact of arrest within 12 hours from the moment of arrest.