The 'arrest memo' procedure mandated by DK Basu v West Bengal (1997) requires
AA memo of arrest signed by the arresting officer and attested by a witness (preferably a family member or respectable locality member), intimation to a known relative or friend, medical examination, right to consult a lawyer during interrogation, and entry in the diary
BOnly an oral notice to relatives
CA memo only when the offence is bailable
DNo procedural safeguards
Answer & Solution
Correct answer: A. A memo of arrest signed by the arresting officer and attested by a witness (preferably a family member or respectable locality member), intimation to a known relative or friend, medical examination, right to consult a lawyer during interrogation, and entry in the diary
DK Basu mandated 11 specific protections. These were codified into Sections 41B and 50A CrPC in 2008. Non-compliance can trigger contempt and is a relevant factor in compensation cases.
Related questions
Maneka Gandhi v UoI (1978) imported into Article 21 the requirement that the 'procedure esSection 207 CrPC requires the Magistrate, in cases instituted on a police report, to furniIn Manubhai Ratilal Patel v State of Gujarat (2013), the Supreme Court reiterated that the'Presumption of innocence' in Indian criminal jurisprudence'Anticipatory bail' under Section 438 CrPC is available to a personSelvi v State of Karnataka (2010) held thatConstitutional protection under Article 22(2) (production before magistrate within 24 hourSection 357 CrPC empowers the trial court to order