The D.K. Basu guidelines, established by the Supreme Court of India, aim to protect the fundamental rights of individuals during arrest and detention. Here’s a breakdown of these crucial guidelines:
Transparency and Accountability:
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Identification: Arresting officers must wear clearly visible badges displaying their names and designations. Details of interrogating officers are documented in a register.
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Arrest Memo: A written record of the arrest, including time, date, and location, is prepared at the time of arrest. This memo requires witness signatures (family member or local resident) and the arrestee’s countersignature.
Informing Next-of-Kin:
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Right to Inform: The arrested individual has the right to inform a relative, friend, or well-wisher about their arrest and detention. This notification should occur “as soon as practicable.”
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Out-of-District Notification: When the arrestee’s family/friend resides outside the district, police must inform them within 8-12 hours through a telegram. The District Legal Aid Authority and relevant authorities are also notified.
Detailed Documentation:
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Notification of Right: The arresting officer must inform the arrestee about their right to inform someone of their arrest.
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Station Diary Entry: A comprehensive entry is made in the detention center’s diary, detailing the arrest, informed person’s name, and custodial officers’ details. This includes the entire process from leaving the police station to reaching the detention center, involving all officers and transportation details.
Medical Examination:
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Right to Examination: Upon request, the arrested person can undergo a medical examination at the time of arrest. Any injuries (minor or major) are documented in an “Inspection Memo” signed by both the arrestee and the arresting officer. A copy is provided to the arrestee.
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Regular Medical Check-Ups: Every 48 hours during detention, the arrestee has the right to a medical examination by a qualified doctor from a government-approved panel.
Legal Access and Record Keeping:
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Copies to Magistrate: Copies of all arrest-related documents are sent to the local magistrate for record-keeping.
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Right to Legal Counsel: The arrestee has the right to consult with a lawyer during interrogation, though not continuously.
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Centralized Information: Every district and state headquarters must have a police control room where arrest information and detention location are recorded within 12 hours. This information is prominently displayed on a notice board for public access.
By adhering to these guidelines, law enforcement can ensure lawful arrests and detentions, upholding the dignity and rights of individuals.
