Legal principle

Every arrest must follow the D.K. Basu safeguards: identification, arrest memo, informing a relative, medical examination and access to a lawyer.

Court decision

The Supreme Court laid down mandatory requirements for arrests, including: the arresting officer must carry clear identification; an arrest memo must be prepared, attested by a witness and countersigned by the arrested person; a friend or relative must be informed; the person must be told of this right; and he must be medically examined and allowed to meet a lawyer during interrogation. These apply to other agencies with arrest powers too.

Facts

Letters about custodial deaths and torture were treated as a public interest writ petition. The Court examined the safeguards needed whenever a person is arrested or detained by the police or other agencies.

Key provisions

• Section 104 — Power to arrest