Know your rights

Guidelines to be followed by police, D.K. Basu Vs. State of West Bengal, Arrest and Detention, know your rights, Duties of police

Guidelines issued by Hon’ble Supreme Court of India in the case titled as “D.K. Basu Vs. State of West Bengal”.
All arrested persons have rights and no one can be mistreated in police custody. The Supreme Court of India has issued guidelines that the police must follow in all cases of arrest and detention. It is important for all arrested persons to know these guidelines, to know their rights and the police’s duties toward them. These guidelines are mandatory to be followed by Police and if they are not followed, action can be taken against the police officials.

Guidelines to be followed by police, D.K. Basu Vs. State of West Bengal, Arrest and Detention, know your rights, Duties of police

Guidelines to be followed by police, D.K. Basu Vs. State of West Bengal, Arrest and Detention, know your rights, Duties of police

The guidelines issued are here below:

  1. Duties of police making arrest and handling interrogation:
    1. All police personnel should wear name tags clearly indicating their name and designation.
    2. Police must enter the complete details of police officials conducting interrogation in a register.
  2. Arrest Memo:
    1. The police officer making an arrest has to prepare an Arrest Memo that records details of the arrest.
    2. The arrest memo must contain the signature of at least one witness, who can be a relative of the arrestee or a respectable person of the locality where the arrest is made. And further the time, date and place of the arrest is mandatory to be written.
    3. The arrested person should sign the arrest memo after it is properly prepeared.
  3. Inspection Memo:
    1. If the arrested person requests, the arresting officer must record any minor/major injuries on his/her body in an Inspection memo. The memorandum should be signed by the arrested person and the arresting officer and a copy of the memo must be given to the arrested person.
  4. Information of arrest and detention:
    1. The arrested person has the right to inform about his arrest to his relative or friend.
    2. It is the duty of the police to contact and inform the relative/friend of the time and place of arrest and the location where the person is arrested. In case the relative or friend is in a different city, the concerned police station should be informed within 8-12 hours of the arrest and then information must be conveyed.
  5. Police should record the details in daily diary:
    1. Police has to enter the details in daily dairy, which must include the name of relative/friend who was informed about the arrest and furthermore, the name of the arresting officer is must in the daily diary.
  6. Medico Legal Examination:
    1. It is the right of the arrested person to be medically examined every 48 hours during his/her detention by the panelized doctor chosen by Director Health Services of the State.
  7. Right to Lawyer:
    1. The arrested person has the right to meet and consult a lawyer during his/her interrogation and the Police has no right to deny.
  8. Illaqa Magistrate:
    1. The police must send one copy of all documents, relating to the arrest to the Illaqa Magistrate for his/her record.
  9. PCR:
    1. Police Control Rooms are mandatory to be setup in all districts and the arresting officer has the duty of inform the control room about the detention and this information must be sent to control room within 12 hours of arrest.

Guidelines to be followed by police, D.K. Basu Vs. State of West Bengal, Arrest and Detention, know your rights, Duties of police

Guidelines to be followed by police, D.K. Basu Vs. State of West Bengal, Arrest and Detention, know your rights, Duties of police

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