D.K. Basu v. State of West Bengal

<p>This case dealt with the increasing incidents of custodial violence, torture, and deaths in police custody, raising serious concerns about human rights violations in India. The Supreme Court held that such acts are a direct violation of Article 21 (Right to Life and Personal Liberty) and cannot be tolerated in a democratic society governed by the rule of law.</p><p>The Court emphasized that the police have a duty to protect citizens and must not misuse their authority. To ensure this, it laid down comprehensive and mandatory guidelines to be followed during arrest and detention. These include clear identification of police officers, preparation of an arrest memo signed by witnesses, informing a friend or relative of the arrested person, maintaining proper records, and conducting medical examinations at regular intervals.</p><p>The judgment also stressed the importance of transparency and accountability in police functioning. It held that failure to comply with these guidelines would result in departmental action and could also lead to compensation being awarded to the victim or their family. This case is considered a landmark in strengthening safeguards against custodial abuse and protecting fundamental rights.</p><p>&nbsp;</p>