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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