Concept2 stories
D.K. Basu guidelines
In one line: In D.K. Basu v. State of West Bengal, the Supreme Court laid down step-by-step rules for arrest and interrogation to curb custodial violence.
The case
The judgment was delivered on 18 December 1996 by Justices Kuldip Singh and A.S. Anand and is reported as 1997 (1) SCC 416. It treated custodial torture as a violation of Article 21.
Key rules
- Police must wear clear name and designation tags.
- An arrest memo must record the time and date, be attested by a witness and be countersigned by the arrested person.
- A relative or friend must be told of the arrest and the place of detention.
- The arrested person must be medically examined every 48 hours in detention.
- Copies of documents go to the magistrate.
Why it is in the news
The arrest memo depends on an honest time. The 2026 ruling stops the time of formal arrest from being used to delay judicial oversight.
Where to go next
- Article 22 of the Constitution
D.K. Basu guidelines in the news
- SC: 24-hour clock to produce an accused starts at detention, not formal arrest 6 November 2026
The judge-made rules on how arrests must be made.
- Supreme Court: an accused must be released if not told the grounds of arrest 22 September 2026
The earlier arrest safeguards
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