D.K. Basu v State of West Bengal (1997)

Human Rights Law · Impact of UDHR on the Indian Constitution

Facts.

Letters to the Supreme Court drew attention to deaths in police custody across the country.

Issue.

What safeguards must attend arrest and detention to protect the Article 21 rights of a person in custody?

Held.

The Court laid down binding arrest guidelines (identification of arresting officers, memo of arrest, informing a relative, medical examination, right to counsel) and reaffirmed compensation for custodial violence.

Why it matters.

The code of custodial safeguards; together with Nilabati Behera, the backbone of custodial-rights law in India.

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