Punjab & Haryana High Court, Chandigarh
CitationAIR 1997 SC 610, (1997) 1 SCC 416
CourtSupreme Court of India
Date18 December 1996
Year1997
BenchKuldip Singh, A.S. Anand JJ.
Acts/ArticlesArticle 21, Article 22, Article 32
CategoryConstitutional Law, Criminal Law

Key Principle Established

Comprehensive guidelines for arrest and detention to prevent custodial violence. Compensation for violation of fundamental rights during custody.

Brief Facts

D.K. Basu, Executive Chairman of Legal Aid Services, West Bengal, wrote to the Chief Justice of India regarding deaths in police custody. The letter was treated as a PIL. The Court examined the widespread problem of custodial torture and death.

The D.K. Basu Guidelines

The Supreme Court laid down 11 mandatory requirements for every arrest:

  • Police must bear accurate, visible, and clear identification and name tags
  • A memo of arrest must be prepared — attested by at least one witness (family member or local person) — with time and date of arrest
  • Arrested person has a right to have one friend, relative, or well-wisher informed of the arrest
  • Time, place of arrest, and place of custody must be notified to next friend/relative within 8–12 hours
  • Arrested person must be informed of the right to have someone informed
  • Entry must be made in a diary at the place of detention — time of arrest, name of informant
  • Arrested person may request medical examination at time of arrest — minor and major injuries recorded
  • Medical examination by trained doctor every 48 hours during detention
  • Copies of all documents sent to Magistrate for record
  • Arrested person has right to meet lawyer during interrogation (though not throughout)
  • A police control room must be set up in every district — information about arrest communicated within 12 hours

Impact & Significance

The D.K. Basu guidelines are binding on all police forces in India. Non-compliance renders the arrest illegal and the officers liable for contempt, departmental action, and criminal prosecution. These guidelines are now incorporated into the BNSS 2023. This remains the most cited judgment on rights of arrested persons.

Tags & Related Topics

Constitutional Law Criminal Law Article 21 Article 22 Article 32
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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