DK Basu v. State of West Bengal
Easy classroom-style explainer on the Supreme Court’s custody safeguards, arrest rules, and dignity-first policing.
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Quick Summary
The Supreme Court responded to rising cases of custodial torture and deaths. It laid down an 11-point checklist for police to follow during arrest and detention. These guidelines protect Article 21 dignity and Article 22 safeguards. The Court made it clear: rule of law ends where torture begins.
AIR 1997 SC 610 Arrest & Detention / Human Rights
Issues
- Who is responsible for custodial violence and how should it be prevented?
- What arrest guidelines must police follow in every case?
Rules
- Custodial violence strikes at the rule of law and has no place in a civilized society.
- Article 22 guarantees information of grounds of arrest and the right to consult a lawyer.
Facts (Timeline)
Skip to Judgment
Arguments
Petitioner
- Custody deaths and torture are rising; Court must frame safeguards.
- Victims’ families need compensation and a clear duty list for police.
State/Opposing Side
- Placed affidavits, existing procedures, and practical concerns on record.
- Sought workable directions consistent with law and resources.
Judgment
Held: The Court condemned custodial violence and declared that dignity and due process govern every arrest. It issued 11 binding guidelines to be followed till legislation covers the field.
- Arresting officers must wear visible ID with name and rank.
- Prepare a memorandum of arrest with time/date; sign by arrestee and a witness (family/local person).
- Inform a relative/friend about the arrest and place of custody.
- Send copies of relevant documents to the Magistrate promptly.
- Set up a Police Control Room at district/state HQ; display arrest details within ~12 hours.
- Allow the arrestee to meet a lawyer during interrogation at stated intervals.
Result: National arrest protocol laid down; human dignity at the center of criminal process.
Ratio Decidendi
- Rule of Law vs. Torture: Custodial violence is incompatible with constitutionalism.
- Articles 21 & 22: Life, liberty, dignity, and arrest safeguards are non-negotiable.
- Guidelines Fill the Gap: Court-made rules apply unless and until Parliament enacts a comprehensive law.
Why It Matters
This case is the foundation for arrest procedure in India. It gives citizens and courts a checklist to test if police acted lawfully and respectfully.
Key Takeaways
- Arrest memo with time/date and witness is mandatory.
- Inform family/friend immediately; share custody location.
- Visible police ID and control room update within ~12 hours.
- Access to lawyer during interrogation at intervals.
Mnemonic + 3-Step Hook
Mnemonic: “ID-MEMO-INFO-LAWYER”
- ID: Officer wears clear identification.
- MEMO: Signed arrest memo with time/date and witness.
- INFO: Family/friend informed; control room updated.
- LAWYER: Meet counsel during questioning.
IRAC Outline
Issue
How to stop custodial violence and standardize arrest/detention procedure nationwide?
Rule
Articles 21 & 22; Court-created 11 guidelines for every arrest.
Application
Based on nationwide inputs and cases, SC framed practical steps ensuring transparency and oversight.
Conclusion
Guidelines are binding till legislation; dignity and accountability are the baseline for policing.
Glossary
- Custodial Violence
- Ill-treatment in police/judicial custody, including torture or death.
- Arrest Memo
- Document made at arrest stating time/date, signed by arrestee and a witness.
- Police Control Room
- District/State unit displaying arrest details for transparency.
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