SYMBIOSIS INTERNATIONAL DEEMED UNIVERSITY

“A detailed analysis on D.K Basu vs. State of West Bengal”

(AIR 1997 SC 610)

Synopsis
Submitted by

KARTIK BOHRA

Division- ‘C’
PRN - 18010324063
BATCH- 2018-2023

SYMBIOSIS LAW SCHOOL, HYDERABAD

In

January, 2020

Under the guidance of

Mr. Hifajatali Hidayatali Sayyed

 Introduction

“If the Government becomes a law breaker and brings contempt of law; it invites every
man to become a law into him”.

The rules and regulations through the law always discourages the acts which are against the public
policy and peace in the society. Taking custody of the criminal and trying to impose punishment
is the productive way to decrease the crime rates in the society. A custody in the general sense is
defined as putting restriction on the freedom of movement of an individual. But nowadays, it has
been observed that there is significant increase in the death and violence of an accused person in
the police lock-ups. Many deaths have been taken place in the custody of police but no attention
has been paid to it by the administration.1 Custodial deaths are unacceptable in a democratic
country like India where each and every citizen of the country has right to life and personal liberty
enshrined under Article 21 of Constitution of India.2

In the case of D.K Basu vs. State of West Bengal3 “the executive chairman of Legal Aid Services,
a registered non-political organisation submitted a letter to the Chief Justice of India regarding the
deaths occurred in police custody and lock-ups. It was also mentioned to examine the matter
seriously and to introduce “custody jurisprudence”. It was also stated that various efforts are taken
by police authorities to sleek over matters of custodial deaths and hence offence goes unpunished.
Considering the various aspects and importance of raised issue, the letter was taken as “writ
petition” and notice was given to respondents.” At that time, there was no proper machinery to be
followed in cases of custodial deaths.

Lockup deaths are important and significant matter of concern in the present scenario. It is more
aggravating as committed by the protectors of society. This act of police officials is against the
basic human rights and principle of rule of law. It is usually committed in the custody of police
authorities where victim is unable to protect himself and totally helpless. Custodial deaths are
considered not only the assault on the body of an individual but also an assault on the human

1
Mr. Akhilesh R Jhamad, “Analysis of Custodial Deaths in India”, Vol. No. 36, Indian Journal of Acad Forensic Med.,
2014.
2
Article 21 of Constitution of India (Fundamental right to life and personal Liberty).
3
D.K Basu vs. State of West Bengal (AIR 1997 SC 610).
dignity and creates the mental agony or trauma on the minds of the victims within the four walls
of lockups. Police officials abuses their powers and causes unnecessary torture on the victim. There
are various provisions are given under Code of Criminal Procedure, 1973 which aim to safeguard
the rights of an accused person but inspite of these provisions, there are continuously growing
incidents of lockup deaths in India. It is noticed that police officials sometimes uses third degree
methods to extract the information from the accused which is inhumane and illegal.

Research objectives

The objective of the study is to:

 Analyse and interpret the case of D.K. Basu vs. State of West Bengal and compare it with
the present scenario in India.
 Determine and find out the various statutory provisions and guidelines related to the
custodial deaths in India and how effectively they are applied.
 Discuss and evaluate the effect of custodial deaths on human rights and constitution of
India and determine the rights of arrestee.
 Determine the responsibility and accountability of state in cases of lockup deaths under the
principle of vicarious liability.
 Determine and evaluate the balanced approach to detect the crimes committed by hardened
criminals and abuse of power by police officials using third degree methods.
 Elucidate and understand the various reasons and causes behind custodial deaths in India
and need for strict laws to curb it.
 Find plausible solutions and recommendations needed.
 Research Questions

 What are the main aspects of the case D.K Basu vs. State of West Bengal and current
situation prevailing in India?
 What are the various statutory provisions and guidelines framed by legislature and
judiciary to curb the custodial deaths and how effectively they are applicable?
 Whether there is an infringement of basic fundamental rights and human rights available
to every citizen of India and the rights of arrestee?
 Whether police authorities has right to investigate the case with the third degree methods?
 Whether the state is liable and answerable for the custodial deaths under the scope of
vicarious liability?
 What are the various reasons and causes for the rapid increase in custodial violence and
deaths in India?

Research Methodology

The researcher has adopted a “Doctrinal Research” method as this paper includes various
principles and statutory provisions of Criminal Law and several necessary facts are there in the
paper which is relevant to the topic “A detailed analysis on D.K Basu vs. State of West Bengal
(AIR 1997 SC 610)”. The researcher in this paper will take various law commission reports and
precedents into consideration.

To achieve the above mentioned research objectives and research questions, the usage and analysis
of various secondary research sources has been done. Various research papers, articles, published
reports, statutes and precedents are taken into consideration. The research project has opted for
secondary data research because of its ability to offer quick and relative answers to many questions
and it almost every time serves as a preface to the primary source of information.
 Review of Literature

The research paper will include several secondary sources of data collection and references from
the existing as well as concurrent research projects and authentic published reports. The researcher
developed and inculcated research on the present topic based on various sources which included
several books, articles and works of authors.
A published article named as “Custodial Death and Judicial Response in India4” is one of the
best research paper on this particular topic and has helped the author in writing about the various
aspects and statutory provisions related to the custodial deaths in India. Unfortunately, this paper
failed to provide the main aspect related to the responsibility and accountability of state in case of
custodial deaths.
A Commentary on Code of Criminal Procedure named as “Sanjiva Row and M L Singhal’s”5
and book named as “The code of Criminal Procedure”6 explained all the statutory provisions and
parameters relating to the custodial deaths and discussed all the important aspects.

In the commentary of “Sohoni’s Code of Criminal Procedure7” all the important provisions and
aspects related to the human rights and Constitution are covered with respect to the procedure
followed by the police authorities while taking the custody of an accused person and not to abuse
their powers.

4
http://shodhganga.inflibnet.ac.in/bitstream/10603/89148/17/17chapter%209.pdf (Jan 8 2020, 8:00 pm).
5
Sanjiva Row and M L Singhal’s, Commentary on The Code of Criminal Procedure, 1973, Universal Law
Publications, 4th ed. Vol. 1.
6
Ratanlal and Dhirajlal, The Code of Criminal Procedure, 1973, Lexis Nexis Publications, 21 st ed. 2016.
7
Sohoni’s commentary on The Code of Criminal Procedure, 1973, Lexis Nexis publications, 21 st ed. Volume 2
2015.
 Chapterisation

Chapter: 1 Custodial Deaths: Problems and Perspectives

1.1 Introduction
1.2 Major Problems, reasons and causes.
1.3 A positive step towards curbing.

Chapter: 2 Case Analysis

2.1 Facts of the case in brief
2.2 Guidelines given by court
2.3 Analysis and discussion

Chapter: 3 Law and Custodial Deaths in India

3.1 The Accused and the Constitution
3.2 The Accused and the Human Rights
3.3 Fundamental Principles of Criminal Jurisprudence
3.4 Statutory Provisions and Guidelines.

Chapter: 4 Liability of the State

4.1 Responsibility and Answerability
4.2 Concept of Vicarious Liability
4.3 Use of third degree methods
4.4 Balanced approach

Chapter: 5 Judgment Analysis and Conclusion

5.1 Critical Analysis and comparison
5.2 Impact and Scope
5.2 Conclusion