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In D.K. Basu v. State of West Bengal (1997), the Supreme Court laid down procedural safeguards for arrest, detention to prevent custodial torture, including medical examination of arrestees, recording of arrest details, and production before magistrate within 24 hours.
- True
- False
Answer: True
D.K. Basu (1997) custodial justice and procedural safeguards: (a) Context: Petition regarding custodial torture, deaths in police custody; issue of procedural safeguards for arrest, detention, (b) Supreme Court holding: (i) Laid down binding procedural safeguards for arrest, detention: (a) Medical examination of arrestee at time of arrest and every 48 hours, (b) Recording of arrest details: Time, place, persons informed, (c) Production before magistrate within 24 hours (excluding travel time) as per Article 22(2), (d) Right to inform family/friend, access to legal aid, (ii) Violation of safeguards can lead to compensation, disciplinary action against officials, (c) Applications: (i) Police reforms: Training on rights-based policing, accountability mechanisms for custodial violence, (ii) Judicial monitoring: Courts monitor compliance with D.K. Basu guidelines in habeas corpus, torture cases, (iii) Compensation: Victims of custodial torture entitled to compensation under Article 21, (d) Subsequent developments: (i) Custodial violence cases: Courts increasingly award compensation, direct prosecution for torture, (ii) Awareness: Arrestees, families increasingly aware of rights, procedures to prevent abuse, (e) Rationale: (i) Dignity: Article 21 interpreted to protect human worth even in custody; procedural safeguards operationalize constitutional values of dignity, accountability, (ii) Accountability: Safeguards enable monitoring, redressal for custodial violence, (iii) Prevention: Clear procedures deter police misconduct, protect vulnerable detainees, (f) Illustrates dignity-centric constitutionalism: Article 21 interpreted to require protection from custodial torture; procedural safeguards operationalize constitutional values of dignity, accountability in police-citizen interface.