D.K. Basu Vs. State of West Bengal 1997 (1) SCC 416

Today it is need of the time to punish the erring law enforcement personnel engaged in custodial violence practices otherwise custodial violence cases will continue to rise. Custodial violence in police custody has become so endemic that every year many people loss lives or become handicaps in police custody. The police, who has been imparted the duty to protect the human rights of citizens are often found to be the violators of human values. What strikes at the roots of the rule of law is custodial violence. The torture is still practiced by police in India. The charge of police brutality is as old as law enforcement itself. Taking cognizance over the serious issues of custodial torture and illegal arrest, the Supreme Court in D.K. Basu Vs. State of West Bengal 1997 (1) SCC 416 laid down 11 (Eleven) commandments which are reproduced as below:

No. 1:

While carrying out the arrest and handling the interrogation of the arrestee, the police personnel should bear accurate, visible and clear identification and name tags with their designations. All particulars of all such personnel handling interrogation of the arrestee must be recorded in a register.

No. 2:

That at the time of arrest, a memo of arrest shall be prepared by the police personnel carrying out the arrest of the arrestee and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest so made.

No. 3:

That as soon as practicably possible, a person who has been arrested or detained and is being held in custody in a police station or interrogation center or other lock-up shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

No. 4:

That the police must notify the time, place of arrest and venue of custody of the arrestee where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the Police Station of the area concerned telegraphically within a period of 8 to 12 hours after the detention.

No. 5:

If a person is put under detention or arrest, he must be made aware of this right to have someone informed of his arrest or detention.

No. 6:

An entry regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is must be made in the diary at the place of detention.

No. 7:

The arrestee if request, should be examined at the time of his arrest and injuries, major and minor, if any on his body, must be recorded at that time. Both arrestee and the police officer affecting the arrest must sign the ‘Inspection Memo’ and its copy should be provided to the arrestee.

No. 8:

After every 48 hours, the arrestee during his detention in custody should be subjected to medical examination by a trained doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a panel for all Tehsils and Districts as well.

No. 9:

For the record of Illaqa Magistrate, copies of all the documents including the memo of arrest, referred to above, should be sent to him.

No. 10:

Although not throughout the interrogation, the arrestee may be permitted to meet his lawyer during interrogation.

No. 11:

At all District and State Police Head Quarters, a Police control room should be provided where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room, arrangement should be made to display it on a conspicuous notice board.

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Haider Ajaz