DK Basu Vs State of West Bengal Case Guidelines

Context:

Recently, the Supreme Court criticized Gujarat police for violating the DK Basu Vs State of West Bengal case guidelines, in a case of publicly flogging of a particular community.

About DK Basu Vs State of West Bengal (1997 (1) SCC 416)

• The case laid down the rules for the police’s conduct during arrests and detentions.
• The DK Basu Vs State of West Bengal Case Guidelines are as follows:
  • Identification & Details of Arresting Officer: Identification of the arresting officer must be visible and all details must be recorded in a register.
  • Details of Detainee: A memorandum must be prepared containing all the details which must be witnessed by near or dear of the detainee.
    • An entry must be made in the prescribed diary.
  • Right to be Informed: Police must ensure that accused should avail the right to be informed.
    • The person arrested must be informed of his right as an accused.
  • Informed within Particular Time Framework: Police need to inform him about legal aid organization within 8-12 hours of arrest.
  • Legal Examination: If the arrestee is injured he must be legally examined.
    • The medical examination should be done within 48 hours.
  • To Communicate: All details must be sent to the magistrate in writing.
    • The arrestee must be allowed to meet an attorney/lawyer.
    • A room shall be provided to officers for communication.

Way Forward

• Follow SC Guidelines: Every police officer must know what is the law laid down in DK Basu vs State of West Bengal case. 
• Prioritize Human Rights: In every condition, it should be remembered that no action by anyone will hamper the human rights of anyone.

News Source: The Indian Express

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