INTRODUCTION:-
The case of D.K. Basu V State of West Bengal(1997)[1]is one of the landmark judgement of Supreme Court, which emphasized upon the rapid increase of custodial death and violence during the last few decades.
The true meaning of Custody implies restricting an offender from committing further crimes as well as to facilitate the investigation procedures effectively. It also refer to the restriction of someone’s freedom of movement which is held as fundamental right for every citizens by way of procedures established by law. On the other hand, Police officer’s are generally known as a protector of law and order by punishing the offender to protect human rights, with a view to facilitate a smooth and efficient functioning of society. But sometimes, they often becomes the violators of such human rights. And thus, ‘Custodial Violence’ is the profound example of it.
In the present case, the accused in the custody has a right under Article 21 of the Indian constitution has been deprived off. And through the reports in 1980s and 1990s , there has been tremendous increase in the number of custodial death and violence, which has grasped the attention and led to the filing of the present case.
JUDGES BENCH:-
Justice Kuldip Singh & Justice A.S. Anand
BACKGROUND OF THE CASE:-
Concept of Custodial Violence:
Before driving into the depth of the present case, it is very important to know it’s origin which had gave rise to this landmark judgement.
Custodial Violence, is often known as violence which includes physical abuse, tortures, death or even rape by police officials; and the result of such horrific things had contributed to the number of death cases . It is often seen that, as soon as the complaint had been filed against someone, ill treatment is inflicted upon the offender by the police officials before any further decree of the court. And it’s remain continued till the whole proceedings end. Even after the alleged got free from the clutches of the harassment to go back to their ordinary simple life, those flashback of such horrific abuse they cannot wipes it up till the end of their life.
Prior to the D.K. Basu’s case, there is no such formal procedures on paying compensation to the victims and neither the police officials were held liable for the abuse of powers. The fundamental cases which has grasped the attention, Neela Bati Behera vs State of Orissa (1993)[2], one of the landmark judgement clarified that the monetary compensation is applicable as a constitutional remedy for violating Article 21 of the constitution. It also imposes strict liability of the state for the custodial happenings.
Another judgement in Rudal Shah vs State of Bihar (1983)[3], were against the supreme court judgement regarding illegal detention and award of compensation had came forward. Under this case, a man had been unlawfully detained for the period more than the specified punishment. The supreme court stated that unlawful detention led to the infringement of our fundamental right under Article 21 of the constitution, and the victim got compensated.
In spite of all this, the cases of custodial death and violence also increased that gave rises to many judicial decisions which seems both satisfactory along with dissatisfaction and thus it led to the emergence of D.K. Basu’s case.
[1]AIR 1997 SC 610
[2]AIR 1993 SC 1960
[3] AIR 1983 SC 1086