Right to Taken to Magistrate Without Deley
D.K.Basu Vs State of West Bengal
(AIR 1997 SC 610)
The case was upon custodial violence and death that are florishing & the victim or the family did not get any compensation regarding this. The Law Commission of India forwarede a copy regarding "Injuries in police custody and suggested incorporation of Section 114-B in the Indian Evidence Act."
UBI JUS IBI REMEDIUM - There is no wrong without a remedy. The law wills that in every case where a man is wronged and undamaged he must have a remedy. A mere declaration of invalidity of an action or finding of custodial violence or death in lock-up, does not by itself provide any meaningful remedy to a person whose fundamental right to life has been infringed.
Set up by the Supreme Court of India in 1996 in a case titled “D K Basu versus State of West Bengal”, they are a set of 11 guidelines that police personnel detaining or arresting any suspect or accused have to follow. In essence, the guidelines lay down the rules that the police have to follow in order to maintain transparency and not violate the fundamental rights of the arrested/detained person.
GUIDELINES LAID DOWN BY THE HON’BLE SUPREME COURT IN D.K. BASU CASE
The Hon’ble Supreme Court, in D.K.Basu Vs State of West Bengal, has laid down specific guidelines required to be followed while making arrests.
The principles laid down by the Hon’ble Supreme Court are given hereunder:
i. The police personnel carrying out the arrest and handling the interrogation of the arrestee should 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 ii. That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the
(AIR 1997 SC 610)
The case was upon custodial violence and death that are florishing & the victim or the family did not get any compensation regarding this. The Law Commission of India forwarede a copy regarding "Injuries in police custody and suggested incorporation of Section 114-B in the Indian Evidence Act."
UBI JUS IBI REMEDIUM - There is no wrong without a remedy. The law wills that in every case where a man is wronged and undamaged he must have a remedy. A mere declaration of invalidity of an action or finding of custodial violence or death in lock-up, does not by itself provide any meaningful remedy to a person whose fundamental right to life has been infringed.
Set up by the Supreme Court of India in 1996 in a case titled “D K Basu versus State of West Bengal”, they are a set of 11 guidelines that police personnel detaining or arresting any suspect or accused have to follow. In essence, the guidelines lay down the rules that the police have to follow in order to maintain transparency and not violate the fundamental rights of the arrested/detained person.
GUIDELINES LAID DOWN BY THE HON’BLE SUPREME COURT IN D.K. BASU CASE
The Hon’ble Supreme Court, in D.K.Basu Vs State of West Bengal, has laid down specific guidelines required to be followed while making arrests.
The principles laid down by the Hon’ble Supreme Court are given hereunder:
i. The police personnel carrying out the arrest and handling the interrogation of the arrestee should 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 ii. That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the