These guidelines were issued in D.K. Basu v. State of West Bengal-

(i) Police personnel carrying out arrest and interrogation should wear accurate, visible and clear identification and name tags with their designations, the details of which should be recorded in a register;

(ii) A memo of arrest (including the relevant date and time) shall be prepared by the arresting police officer and shall be attested by at least one witness (either a relative of the arrestee or a respectable local person) and countersigned by the arrestee;

(iii)One friend or relative of the arrestee (or another person known to him or her who has an interest in his or her welfare) shall be informed, as soon as practicable, of the arrest and detention at the place in question;

(iv) Where the next friend or relative of the arrestee lives outside the district or town in question, he or she must be notified by the police of the time, place of arrest and venue of custody within 8 to 12 hours of the arrest;

(v) The arrestee must be informed of this right as soon as he or she is arrested or detained;

(vi) An entry must be made in the diary at the place of detention regarding the arrest of the person, including the name of the next friend who has been informed and the names and particulars of the police officers in whose custody the arrestee is detained;

(vii) On request, the arrestee should be examined for injuries at the time of arrest and provided with a copy of the resulting report, signed by both the officer and arrestee;

(viii) The arrestee should undergo a medical examination every 48 hours by a doctor from an approved panel;

(ix) Copies of all documents regarding the arrest are to be sent to the appropriate local Magistrate for his or her records;

(x) The arrestee may be permitted to meet with his or her lawyer during interrogation, though not throughout the interrogation;

(xi) A police control room must be established at all district and State headquarters where information regarding the arrest should be received within 12 hours of the arrest and displayed on a conspicuous notice board.

(xii) These requirements are in addition to existing safeguards and do not detract from other directions given by the courts on this matter. They will apply with equal force to the other governmental agencies which have the power to detain and interrogate individuals. They need to be followed strictly; failure to comply shall render the official concerned liable for departmental action and contempt of court proceedings.


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