D.K. Basu guidelines
Also called: D.K. Basu v. State of West Bengal (1997) · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
The D.K. Basu guidelines are rules that the Supreme Court laid down in 1997 in D.K. Basu v. State of West Bengal. Their purpose is to prevent custodial torture, meaning violence against people held by the police. They rest on Articles 21 and 22. Among other things, police officers must wear clear identification, prepare an arrest memo (a written record of the arrest), inform a relative or friend, and have the arrested person medically examined. Many of these rules are now part of the BNSS, 2023, India's new criminal procedure law.
Example
When the police arrest someone, an arrest memo with the time and place of arrest should be signed by a witness. The person's family should be told where the person is being held.
Don't confuse with
- Article 22(1)-(2) safeguards: rights written into the Constitution itself: being told the grounds of arrest, consulting a lawyer, and being produced before a magistrate within 24 hours. The D.K. Basu guidelines are court-made rules that add to these.
Related concepts
- Protection in respect of conviction for offences
- Ex post facto law
- Double jeopardy
- Right against self-incrimination
- Narco-analysis test
- Protection against arrest and detention
- Right to speedy trial
- Preventive detention
- Advisory board
- National Security Act 1980