Judiciary Exams Exam > Judiciary Exams Notes > Important Acts and Laws for Judiciary Exams > Case Brief: DK Basu v. State of W.B
Case Brief: DK Basu v. State of W.B | Important Acts and Laws for Judiciary Exams PDF Download
| Table of contents |
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| DK Basu v. State of W.B |
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| Facts of DK Basu v. State of W.B |
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| Issues in DK Basu v. State of W.B |
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| Decision in DK Basu v. State of W.B |
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| Law Applied |
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| Conclusion |
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DK Basu v. State of W.B
- Citation: (1997) 1SCC416
- Court: Supreme Court of India
- Coram: Justice Kuldip Singh, Justice AS Anand
- Theme: Indian Prison Reform
- Subject: Constitutional Law
Facts of DK Basu v. State of W.B
- DK Basu, the Executive Chairman of Legal Aid Services, West Bengal, raised concerns about deaths in police custody. The issue was treated as a Writ Petition under Public Interest Litigation. Another case involving a death in police custody was also brought to the court's attention.
- Various states and legal experts provided input on the matter, with Dr. A.M. Singhvi appointed as Amicus Curiae.
Issues in DK Basu v. State of W.B
- Guidelines for police arrests
- Concerns about arbitrary arrests by policemen
- Rising deaths in police custody and lockups
Question for Case Brief: DK Basu v. State of W.BTry yourself: What was the main issue addressed in the case of DK Basu v. State of W.B?View Solution
Decision in DK Basu v. State of W.B
- Police personnel must have accurate identification and name tags.
- Memo of arrest must be prepared and attested by a witness.
- Arrested person has the right to inform a friend or relative.
- Notification of arrest details to next of kin outside the area.
- Arrestee must be informed of their right to have someone informed of their arrest.
- Diary entry with details of arrest and next friend notification.
- Examination and recording of injuries at the time of arrest.
- Medical examination every 48 hours during custody.
- Copies of documents to be sent to Illaqa Magistrate.
- Permission for the arrestee to meet their lawyer during interrogation.
- Establishment of police control rooms for communication of arrest details.
Law Applied
- Article 21 of the Constitution of India
- Article 22
- Article 20(3)
- Section 176 of the Criminal Procedure Code
Conclusion
- The judgment provided crucial guidelines that influenced the incorporation of sec. 114-B of the Indian Evidence Act, preventing injustices against innocent individuals.
- Contempt of court is now punishable, but there remains a necessity for stricter laws to safeguard the innocent.
Question for Case Brief: DK Basu v. State of W.BTry yourself: What is one of the guidelines provided in the DK Basu v. State of W.B case regarding the rights of an arrested person?View Solution
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FAQs on Case Brief: DK Basu v. State of W.B - Important Acts and Laws for Judiciary Exams
| 1. What are the facts of the DK Basu v. State of W.B case? |  |
Ans. The case of DK Basu v. State of W.B involved allegations of custodial torture and deaths in police custody.
| 2. What were the main issues addressed in the DK Basu v. State of W.B case? | |
Ans. The main issues in the DK Basu v. State of W.B case included the violation of human rights by police officials and the need for guidelines to prevent custodial torture.
| 3. What was the decision made in the DK Basu v. State of W.B case? | |
Ans. The Supreme Court of India in the DK Basu v. State of W.B case issued guidelines to be followed by police officers during arrests to prevent custodial torture.
| 4. What law was applied in the DK Basu v. State of W.B case? | |
Ans. The Supreme Court of India applied the provisions of the Indian Constitution and international human rights principles in the DK Basu v. State of W.B case.
| 5. What was the conclusion of the DK Basu v. State of W.B case? | |
Ans. The DK Basu v. State of W.B case highlighted the importance of safeguarding human rights and preventing custodial torture by police officials through the implementation of specific guidelines.
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Nov 22, 2024 Last updated |
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