Supreme Court cited its previous ruling in Somnath Vs. State of Maharashtra (2023), reiterating that all law enforcement agencies must adhere strictly to constitutional and statutory safeguards while handling arrests and custodial procedures.
- In Somnath case, the Supreme Court restated the principles and directions given in D K Basu v State of West Bengal case (1997).
Supreme Court Guidelines in D.K Basu Case
- Proper Identification: Officers carrying out an arrest must wear clear identification and name tags with their designation.
- Mandatory Memo: At the time of arrest, a memo must be prepared containing time and date of arrest, attested by at least one witness and counter signed by the arrestee.
- Inform a Relative/Friend: Inform one friend/relative about the arrest of the person as soon as practicable.
- Inspection Memo: On request, arrested person must be examined at the time of arrest, and any injuries must be recorded in an Inspection Memo.
- Medical Examination: Arrestee should be subjected to medical examination every 48 hours during his/her detention.
- Right to Lawyer: Arrestee may be permitted to meet his/her lawyer during interrogation.
Safeguards available to arrested persons
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