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Home Landmark Judgments Fundamental Rights & Personal Liberty
1997

D.K. Basu v. State of West Bengal

AIR 1997 SC 610 · Supreme Court of India

The Facts

Triggered by a letter to the Chief Justice highlighting deaths in police custody, raising the broader question of what safeguards exist against custodial violence and unlawful detention.

The Holding

The Court laid down a detailed set of mandatory procedural safeguards for arrest and detention — the right to know grounds of arrest, to inform a relative/friend, a medical examination, and clear arrest memos — later substantially carried forward into BNSS's own arrest provisions.

The direct legal ancestor of most of the arrest-safeguard sections our BNSS explainer covers — this judgment is why those protections exist as enforceable rights, not just police guidelines.

Cross-References

Related law

BNSS Sec. 48

The right to have someone informed — one of the safeguards this judgment established

This is a plain-English summary, not verbatim judgment text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the full judgment (indiankanoon.org, sci.gov.in) or a qualified advocate before relying on this for an actual legal situation.