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D.K. Basu V. State Of West Bengal: Pioneering Human Rights Safeguards In Indian Custodial Justice




Garima Sachan, B.A.LLB., Hidayatullah National Law University, Chhattisgarh


ABSTRACT


D.K. Basu v. State of West Bengal is a landmark Indian case focused on protecting fundamental rights and preventing custodial abuse. It addresses the rising issue of custodial deaths and the need for clear guidelines in police arrests. The Supreme Court established key principles, including prohibiting torture, allowing detainees to inform family and friends of their arrest, creating arrest memos with witnesses, providing medical examinations, and ensuring legal representation during questioning. The case also stresses the importance of promptly reporting arrest details, maintaining control rooms, and promoting transparency. This case has significantly advanced human rights protection in India, influencing law enforcement practices and legal procedures.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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