D.K. BASU V. STATE OF WEST BENGAL

This judgment of the Supreme Court has given sufficient rights and remedies to

have a dignified existence at the time of being imprisoned. The abuse of powers by the police at the time

of securing imprisonment has been significantly curtailed by this decision and the Court has in fact also

directed that any violation of these guidelines shall be considered as contempt of court and shall be dealt

with accordingly.

Guidelines :-

 Arresting or interrogating official have to bear identification badge.

 There has to be a preparation of memo of arrest in the presence of a family member or local

person.

 Arrestee has a right to have his relative or friend informed of his arrest as soon as practicable.

 Details of arrest are to be informed within 8-12 hours to his relative or friend in case the arrestee

lives outside the district or town of arrest.

 The arrestee must be told of his rights to have someone informed soon after the arrest.

 The details of arrest and transmission of information to the next friend or relative have to be

entered in the police diary.

 In case arrestee requests for examination of bodily injuries at the time of arrest, the request has to

be complied with.

 The arrestee has to be subjected to medical examination by a trained doctor every 48 hours

during custodial detention.

 The arrestee has to be permitted to meet his lawyer during investigation which is not necessary

for throughout the interrogation.

 Copies of all documents seized/procured have to be submitted to magistrate.

 Police control room district or the State Headquarter has to notify in the notice board about the

fact of arrest within 12 hours from the moment of arrest