Dilip K. Basu v. State of West Bengal(1997) 6 SCC 642

The Supreme Court laid down certain basic “requirements” to be followed in all
cases of arrest or detention till legal provisions are made in that behalf as a measure
to prevent custodial violence. The requirements read as follows: :

  1. The police personnel carrying out the arrest and handling the interrogation of the
    arrestee would bear accurate, visible and clear identification and name tags with
    their designations, The particulars of all such police personnel who handle
    interrogation of the arrestee must be recorded in a register.
  2. That the police officer carrying out the arrest of the arrestee shall prepare a memo
    of arrest at the time of arrest and such memo shall be at least attested by one witness
    who may either be a member of the family of the arrestee or a respectable person of
    the locality from where the arrest is made. It shall also be countersigned by the
    arrestee and shall contain the time and date of arrest.
  3. A person who has been arrested or detained and is being held in custody in a
    police station or interrogation centre or other lock-up, shall be entitled to have one
    friend or relative or other person known to him or having interest in his welfare
    being informed, as soon as practicable, that he has been arrested and is being
    detained at the particular place, unless the attesting witness of the memo of arrest is
    himself such a friend or a relative of the arrestee.
  4. The time, place of arrest and venue of custody of an arrestee must be notified by
    the police where the next friend or relative of the arrestee lives outside the district or
    town through the Legal Aid Organisation in the district and the police station of the
    area concerned telegraphically within a period of 8 to 12 hours after the arrest.
  5. The person arrested must be made aware of this right to have someone informed
    of his arrest or detention as soon as he is put under arrest or is detained,
  6. An entry must be made in the diary at the place of detention regarding the arrest
    of the person which shall also disclose the name of the next friend of the person
    who has been informed of the arrest and the names and particulars of the police
    officials in whose custody the arrestee is.
  7. The arrestee should, where he so requests, be also examined at the time of his
    arrest and major and minor injuries, if any present on his/her body, must be
    recorded at that time.The ‘Inspection Memo’ must be signed both by the arrestee and
    the police officer effecting the arrest and its copy provided to the arrestee.
  8. The arrestee should be subjected to medical examination by a trained doctor every
    hours during his detention in custody by a doctor on the panel of approved doctors
    appointed by Director, Health Services of the State or Union Territory concerned.
    Director, Health Services should prepare such a panel for all tehsils and districts as
    well
  9. Copies of all the documents including the memo of arrest, referred to above,
    should be sent to the Illaqa Magistrate for his record.
  10. The arrestee may be permitted to meet his lawyer during interrogation, though
    not throughout the interrogation.
  11. Police control room should be provided at all district and State headquarters,
    where information regarding the arrest and the place of custody of the arrestee shall
    be communicated by the officer causing the arrest. within 12 hours of effecting the
    arrest and at the police control room it should be displayed on a conspicuous notice
    board.
  12. This Court also opined that failure to comply with the above requirements, apart
    from rendering the official concerned liable for departmental action, would also
    render him liable to be punished for contempt of court and the proceedings for
    contempt of court could be instituted in any High Court of the country, having
    territorial jurisdiction over the matter.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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