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18 D.K. Basu Guidelines PDF

The Supreme Court of India laid down specific guidelines for making arrests in the DK Basu case: 1. Police officers making arrests must wear accurate name tags and details of interrogating officers must be recorded. 2. A memo of arrest must be prepared at arrest time and witnessed/signed by an arrestee family member or local person. 3. Arrestees must be allowed to contact one family member/friend to inform them of the arrest and location. 4. Arrest details must be sent within 8-12 hours to the legal aid organization and police station where family/friends live outside the district or town.

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201 views2 pages

18 D.K. Basu Guidelines PDF

The Supreme Court of India laid down specific guidelines for making arrests in the DK Basu case: 1. Police officers making arrests must wear accurate name tags and details of interrogating officers must be recorded. 2. A memo of arrest must be prepared at arrest time and witnessed/signed by an arrestee family member or local person. 3. Arrestees must be allowed to contact one family member/friend to inform them of the arrest and location. 4. Arrest details must be sent within 8-12 hours to the legal aid organization and police station where family/friends live outside the district or town.

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surya srivastava
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APPENDIX – IV

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:

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 should bear accurate, visible and clear identification and name tags with
their designation. The particular of all such 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 arrest is made. It shall also be counter signed by the arrestee and shall
contain the time and date of arrest.
III. 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.
IV. 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 Aids Organization in the District and the police station of the area
concerned telegraphically within a period of 8 to 12 hours after the arrest.
V. The person arrested must be made aware of his right to have someone informed of his
arrest or detention as soon as he is put under arrest or is detained.
VI. An entry must be made in the diary at the place of detention regarding the arrest of the
person which shall also disclosed the name of the next friend of the person who has
been informed of the arrest and the names land particulars of the police officials in
whose custody the arrestee is.
VII. The arrestee should, where he so request, be also examines 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 Inspector Memo' must be signed both by the arrestee and the police officer
effecting the arrest and its copy provided to the arrestee.
VIII. The arrestee should be subjected to medical examination by the trained doctor every
48 hours during his detention In custody by a doctor on the panel of approved doctor
appointed by Director, Health Services of the concerned State or Union Territory,
Director, Health Services should prepare such a panel for all Tehsils and Districts as
well.
IX. Copies of all the documents including the memo of arrest, referred to above, should
be sent to the Magistrate for his record.
X. The arrestee may be permitted to meet his lawyer during interrogation, though not
throughout the interrogation.
XI. A 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.

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