describe the D.K. Basu guidelines regarding arrest, detention and interrogation of a person.
Answers
Answer:
The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and some of these include:
Explanation:
- The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations
- A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by at least one witness who could include a family member of the person arrested. The arrest memo should be counter-signed by the person arrested.
- The person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher.
- When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.
In view of the increasing incidence of violence and torture in custody, the Supreme Court of India (in D.K.Basu vs. State of West Bengal (1997) AIR 1997 SC 610) had laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person.
Answer:
An arrest memo should be prepared during the arresting process which should include time and date of the arrest. This memo should include details of at least one witness or the family member of the arrested person. Also, the arrested person has the right to inform his family members or well-wishers
Explanation:
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