D.K. Basu v. State of West Bengal

Facts

• D.K. Basu, Executive Chairman of Legal Aid Services (WB), wrote a letter to the CJI highlighting deaths in police custody and lock-ups.
• The letter was treated as a PIL under Art.32.
• The Supreme Court examined the systemic problem of custodial violence and the absence of accountability mechanisms.
• Evidence showed widespread third-degree methods, custodial deaths, and lack of recording of arrest particulars.

Issues

1. What safeguards are required to prevent custodial violence?
2. What are the rights of an arrested person that police must respect?
3. What remedies exist for violation of these rights?

Held

• Police officer carrying out arrest must bear accurate, visible identification.
• Arrest memo must be prepared at time of arrest, attested by witness (family member or respectable local person) with date and time.
• Arrested person entitled to have one friend/relative informed of arrest.
• Time, place of arrest, and venue of custody must be notified to next friend/relative within 8-12 hours.
• Entry in diary at place of detention with all particulars.

Ratio Decidendi

Custodial violence is a naked violation of human dignity and Art.21. The State cannot claim that internal security needs justify torture. Transparency in arrest procedure is the primary safeguard against custodial abuse. Non-compliance makes the arrest illegal, officers liable for contempt, and the State liable for compensation.