Supreme Court issues binding arrest guidelines in D.K. Basu case

On 18 December 1997, the Supreme Court of India decided D.K. Basu v. State of West Bengal. The case began when D.K. Basu, executive chairman of Legal Aid Services, West Bengal, wrote to the Chief Justice about deaths in police custody. The court treated the letter as a public interest petition, a case brought for the wider public good.

The judges held that torture and death in custody violated the right to life and personal liberty under Article 21 of the Constitution. They then set out a list of requirements that police and other agencies must follow whenever they arrest or detain someone. These included arresting officers carrying clear identification, preparing a memo of arrest witnessed by a family member or local person, informing a relative or friend of the arrest, and having the detainee medically examined at regular intervals.

The court said that failing to follow the rules could lead to departmental action and contempt of court proceedings. The guidelines were later reflected in changes to the Code of Criminal Procedure and remain a central reference point in debates over police powers and the rights of people in custody.