डी.के. बसु बनाम पश्चिम बंगाल राज्य
| Citation | AIR 1997 SC 610, (1997) 1 SCC 416 |
| Court | Supreme Court of India |
| Date | 18 December 1996 |
| Year | 1997 |
| Bench | Kuldip Singh, A.S. Anand JJ. |
| Acts/Articles | Article 21, Article 22, Article 32 |
| Category | Constitutional Law, Criminal Law |
Key Principle Established
Comprehensive guidelines for arrest and detention to prevent custodial violence. Compensation for violation of fundamental rights during custody.
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 Supreme Court laid down 11 mandatory requirements for every arrest:
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.
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Read AnalysisThis 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).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.