In D.K. Basu v. State of West Bengal [AIR 1997 SC 610], the Supreme Court issued a landmark judgement regarding arrest, custody and related matters regarding arrest of a suspected person by police, as an interim measure till legal provisions were made.
The above judgement established eleven-point guidelines to prevent custodial violence and deaths, treating letters about lock-up deaths as writ petitions, and mandating strict procedures for police arrest and detention, including informing relatives, providing medical checks, and allowing access to lawyers, making the state vicariously liable for violations and setting a framework for custodial jurisprudence.
The procedural Safeguards prescribed in the above judgement are as follows:
Identification: Police officers must wear clear, visible identification.
Arrest Memo: A memo detailing time, place, and particulars of arrest must be prepared, witnessed, and provided to the arrestee.
Right to Inform: The arrestee has the right to inform a friend or relative, and the officer must record who was informed.
Legal Aid/Counsel: The right to legal counsel must be informed, and the accused must be allowed to meet their lawyer.
Medical Examination: Medical examination is mandatory, with injuries recorded, and repeated every 48 hours during detention.
No Torture: Use of third-degree methods is strictly prohibited.
Failure to provide written grounds within the stipulated time can render the arrest and subsequent remand illegal.
Guidelines on Arrest in Mihir Rajesh Shah Judgement
Later in 2025, the Supreme Court, in Mihir Rajesh Shah v. State of Maharashtra [2025 INSC 1288], mandates that every person arrested must be informed of the grounds in writing, in a language they understand, making this a constitutional requirement for all offences under statutes like the BNS (formerly IPC). Key rules include written grounds provided within a reasonable time (ideally 2 hours before magistrate appearance), clear identification of officers, allowing contact with family/lawyers, and mandatory entry in police diaries, with non-compliance potentially rendering arrest and remand illegal.
Written Grounds Mandatory: Arrested individuals must be given the reasons for arrest in writing and in a language they comprehend.
Applies to All Statutes: This rule applies universally, including for offences under the new Bharatiya Nyaya Sanhita (BNS) and special laws like PMLA/UAPA.
Timely Provision: Written grounds must be supplied within a reasonable time, and in any case, at least two hours before the arrestee is produced before a Magistrate for remand.
Oral in Exceptional Cases: If immediate written notification isn’t possible, the grounds must be conveyed orally, with written grounds provided later as above.
Most of these directions have been incorporated in the statutes relating to criminal law.
