Reviewed case brief

D.K. Basu v. State of West Bengal

AIR 1997 SC 610

The landmark decision laying down eleven mandatory requirements for lawful arrest to prevent custodial torture and deaths, now largely codified in S.47-48 BNSS.

arrestcustodial-violencearticle-21guidelinesrightsS.47-BNSSsem-5
Court
Supreme Court of India
Year
1997
Subjects
Bharatiya Nagarik Suraksha Sanhita
Reviewed
2026-06-29

Rule established

Eleven mandatory requirements for lawful arrest laid down to prevent custodial violence. Non-compliance renders arrest illegal and entitles compensation.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.