Supreme Court · 1996 INSC 1508 · Decided 18 December 1996

D.K. Basu v. State of West Bengal

Court
Supreme Court of India
Citation
1996 INSC 1508 · [1996] SUPP. 10 S.C.R. 284
Case number
WRIT PETITION (CRIMINAL) No. 539/1986
Decided
18 December 1996
Bench
KULDIP SINGH, A.S. ANAND (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 220, 330; Constitution Article 21, 22, 32, 22(1)

Headnote

Constitution of India, 1950 : Articles 21, 22 and 32. Custodial violence-Torture, rape and death in police custody/lock- C up-Infringes Art. 21 as well as basic human rights and strikes a blow at rule of law-Torture involved not only physical suffering but also mental agony-It was naked violation methods would be impennissible--Balanced approach needed to meet ends D of justice so that criminals did not go scot-free-Custodial deaths was one of the worst crimes in civilised socie~Transparency of action and account­ ability were two safe-guards to check abuse of police

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