Following the Supreme Court judgment in D.K. Basu versus State of West Bengal, which of the following is a mandatory requirement at the time of arrest to safeguard against custodial torture?
- A The arrestee must be produced before a magistrate within 48 hours of arrest
- B A memo of arrest must be prepared and attested by at least one witness, who may be a family member or a respectable person of the locality ✓
- C The arrestee must be medically examined only if he complains of injury
- D The name and address of the arresting officer need not be disclosed to the arrestee
Correct answer: B. A memo of arrest must be prepared and attested by at least one witness, who may be a family member or a respectable person of the locality
Explanation
The D.K. Basu guidelines require a memo of arrest to be prepared at the time of arrest, attested by at least one witness, either a family member of the arrestee or a respectable person of the locality, and countersigned by the arrestee. Production before a magistrate is required within 24 hours, not 48. Medical examination is periodic and not contingent on complaints, and disclosure of the officer's identity is mandatory.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
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