In D.K. BASU v. STATE OF WEST BENGAL, AIR 1997 SC 610, the Supreme Court issued 11 GUIDELINES to be followed by ARRESTING AUTHORITIES to prevent custodial violence. These include:
AARREST MEMO (signed by witness + family member); INFORMATION TO FAMILY of arrest; MEDICAL EXAMINATION every 48 hours during detention; ARRESTED PERSON to be informed of his right to inform a friend; INSPECTION MEMOS; etc.
Bonly one guideline — that police can detain at discretion (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610) (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610) (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610)
Conly the right to legal counsel (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610) (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610) (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610)
Donly the right to silence (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610) (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610) (cf. D.K. Basu v. State of West Bengal, AIR 1997 SC 610)
Answer & Solution
Correct answer: A. ARREST MEMO (signed by witness + family member); INFORMATION TO FAMILY of arrest; MEDICAL EXAMINATION every 48 hours during detention; ARRESTED PERSON to be informed of his right to inform a friend; INSPECTION MEMOS; etc.
1. In D.K. Basu v. State of West Bengal (1997), the Supreme Court issued 11 GUIDELINES to prevent custodial deaths and torture.
2. The guidelines (made requirements): (i) clear identification of arresting officers; (ii) arrest memo signed by witness and family member; (iii) information to friend/relative of detention; (iv) right of friend to know of arrest place; (v) entry in diary of arrest particulars; (vi) medical examination on arrest; (vii) thereafter medical exam every 48 hours; (viii) copies of all documents sent to area Magistrate; (ix) right to meet lawyer during interrogation (limited); (x) inspection memos at police station; (xi) control room communication of arrests.
3. Codified in part by 2008 amendments to CrPC (Sections 41A-D, 50A, 55A).
4. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — D.K. Basu v. State of West Bengal, AIR 1997 SC 610_
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