Question

In the landmark case D.K. Basu
v. State of West Bengal (1997), the Supreme Court laid down comprehensive guidelines regarding police arrest procedures to prevent custodial abuse. The Court established that: Which principle regarding arrest procedures was established in
D.K. Basu
v. State of West Bengal?

Q: Answer-In the landmark case D.K. Basu v. State of West Bengal (1997), the Supreme Court laid down comprehen...

In D.K. Basu v. State of West Bengal 1997, the Supreme Court held that to prevent custodial abuse and torture, strict safeguards must accompany arrest. The landmark guidelines include 1 Arrested person must be informed of their right to bail and right to consult an advocate of their choice 2 A memorandum of arrest must be prepared containing details of arrest 3 The arrested person must be informed of the grounds of arrest 4 The arrested persons name, address, and other details must be recorded 5 The arrest must be entered in the police record book. These principles have been incorporated into BNSS Sections 36, 38, and 47. This landmark decision established fundamental procedural safeguards to protect arrested persons rights.

A Police officers have absolute discretion in arrest procedures and no external oversight is required.

B Arrested persons must be informed of their rights, a memorandum of arrest must be prepared, and the arrest must be recorded at the police station immediately.

C Arrest procedures can be relaxed in cases of heinous crimes to expedite investigation.

D The right to meet an advocate can be withheld if the police believe it will hamper investigation.

E Arrested persons need not be informed of the grounds of arrest if arrest is made in good faith.

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