India 
Canada
Understanding the D.K. Basu Guidelines: Safeguarding Rights During Arrests
In the landmark case of D.K. Basu vs. State of West Bengal, the Hon’ble Supreme Court of India laid down comprehensive guidelines to prevent custodial torture and protect the rights of individuals during arrest and detention. These guidelines are pivotal in ensuring transparency, accountability, and the upholding of human rights within our justice system.
Key Highlights of the D.K. Basu Guidelines:
1. Identification of Police Personnel: Officers must carry clear identification and name tags during arrests and interrogations.
2. Memo of Arrest: A memo must be prepared at the time of arrest, attested by a witness (family member or respectable person), and countersigned by the arrestee.
3. Right to Inform: The arrestee has the right to have a friend or relative informed of their arrest and detention location promptly.
4. Notification to Relatives: If the arrestee’s relatives reside outside the district, the police must notify them through the Legal Aid Organization within 8 to 12 hours.
5. Awareness of Rights: The arrestee must be informed of their right to have someone notified of their arrest.
6. Diary Entry: An entry must be made in the detention diary, noting the arrest details and the person informed.
7. Medical Examination: The arrestee should undergo a medical examination at the time of arrest, with any injuries documented and signed by both the arrestee and the officer.
8. Regular Health Check-ups: During detention, the arrestee must be examined by a trained doctor every 48 hours.
9. Documentation to Magistrate: All documents, including the arrest memo, should be sent to the Magistrate for record-keeping.
10. Access to Legal Counsel: The arrestee may meet their lawyer during interrogation, though not throughout the entire process.
These guidelines are not just procedural formalities; they are essential safeguards that uphold the dignity and rights of individuals, reinforcing the principles enshrined in our Constitution.
