DK Basu vs State of West Bengal
D.K. Basu vs State of West Bengal (1997)
Background:
D.K. Basu vs State of West Bengal, AIR 1997 SC 610, is a seminal case in Indian criminal jurisprudence concerning custodial violence, protection of fundamental rights, and safeguards against illegal detention and torture by the police.
The case arose from a Public Interest Litigation (PIL) filed by D.K. Basu, a senior lawyer and activist, highlighting the widespread issue of custodial deaths, torture, and illegal detention in West Bengal police custody.
Facts:
Numerous incidents of police brutality, custodial deaths, and illegal detention were reported in West Bengal.
Petitioners sought intervention from the Supreme Court to direct the police to follow proper procedures to prevent such abuses.
The Supreme Court took suo motu cognizance and issued guidelines to regulate police conduct during arrest and detention.
Legal Issues:
How to prevent custodial violence and deaths?
What procedural safeguards should police follow during arrest and detention to protect the fundamental rights under Article 21 (Right to Life and Personal Liberty)?
What role should courts play to ensure police accountability?
Supreme Court’s Observations and Guidelines:
The Court emphasized the protection of fundamental rights against custodial abuse and issued binding guidelines for police and magistrates, including:
Arrest Memo:
Police must prepare a memo of arrest at the time of arrest, signed by the arrested person and a witness (relative/friend/neighbor).
The arrested person’s signature or thumb impression must be obtained.
Right to Inform Relative/Friend:
The police must inform a relative or friend of the arrested person about the arrest and place of detention within 24 hours.
Medical Examination:
The arrested person must be taken for a medical examination every 48 hours during detention.
The medical officer must record the examination findings and sign the report.
Entry in Police Register:
Police diary/register must record the arrest and detention details.
Judicial Custody:
Police must produce the arrested person before the magistrate within 24 hours as per Article 22(2) of the Constitution.
Police Personnel Identification:
Police officers involved in the arrest or interrogation must wear clear identification badges.
Magistrate’s Role:
Magistrates must ensure compliance with these safeguards and inquire into allegations of torture or ill-treatment.
Compensation and Remedy:
Courts have the power to award compensation to victims of custodial violence and direct departmental action against offending police officers.
Significance:
The D.K. Basu guidelines have become a landmark directive for police reforms in India.
They set minimum mandatory standards for arrest and detention procedures to protect human rights.
These guidelines are considered an essential tool to prevent custodial torture and deaths across India.
Many subsequent judgments have reiterated the importance of these guidelines.
Important Related Case Laws:
1. Joginder Kumar v. State of UP, AIR 1994 SC 1349
Laid down the right against arbitrary arrest.
Arrest is not to be made mechanically; police must follow procedure.
2. Nilabati Behera v. State of Orissa, AIR 1993 SC 1960
Recognized the right to compensation for custodial deaths.
3. Khatri v. State of Bihar, AIR 1981 SC 928
Held that custodial torture violates Article 21 and Article 20(3).
4. People’s Union for Civil Liberties (PUCL) v. Union of India, AIR 1997 SC 568
Strengthened protection against custodial torture.
Summary Table of D.K. Basu Guidelines:
| Safeguard | Description |
|---|---|
| Arrest Memo | Prepared at arrest, signed by arrestee and witness |
| Informing Relative | Police must inform within 24 hours |
| Medical Examination | Every 48 hours during detention |
| Police Diary Entry | Record arrest and detention details |
| Magistrate Appearance | Produce arrested person within 24 hours |
| Police Identification | Officers must wear ID badges |
| Judicial Oversight | Magistrate to inquire into torture allegations |
| Compensation | Courts may award damages for custodial abuse |
Conclusion:
The D.K. Basu vs State of West Bengal case is a milestone in human rights jurisprudence in India. It introduced mandatory procedural safeguards aimed at protecting arrested and detained persons from custodial violence and upholding the constitutional right to life and personal liberty under Article 21.
The guidelines have been widely adopted by courts and police forces throughout India and serve as a vital framework to ensure accountability and prevent abuse of power by law enforcement agencies.
RELATED Blog
0 comments