By Advocate Ajay Malik | Supreme Court, Delhi High Court & District Courts
The fear of the police uniform is deeply ingrained in our society. The most common question clients ask me is: “Sir, if they arrest me, will they beat me?”
The short answer is NO. The long answer involves understanding the famous D.K. Basu Guidelines and the new changes under the BNSS (Bharatiya Nagarik Suraksha Sanhita).
The Shield: D.K. Basu Guidelines (1997)
In the landmark case of D.K. Basu vs. State of West Bengal, the Supreme Court laid down 11 specific requirements that police MUST follow. If they violate these, they can be punished for Contempt of Court.
Crucial Rights You Must Know:
- Identification: The police officer must bear a clear name tag with their designation.
- Arrest Memo: A document must be prepared at the time of arrest recording the time and date. It must be signed by a witness (family member or neighbor) and YOU.
- Why this matters: Police often pick up people illegally and show the arrest 2 days later. The Memo prevents this.
- Right to Medical Exam: You have the right to be examined by a doctor every 48 hours. If the police beat you, this medical report is your biggest proof in court.
The Handcuffing Update: Section 43(3) BNSS
For decades, the Supreme Court held that handcuffing is humiliating and should not be used for ordinary criminals (Prem Shankar Shukla case).
However, the new law (BNSS 2023) has changed this.
Section 43(3) of BNSS now allows police to use handcuffs if the accused is:
- A habitual or repeat offender.
- Accused of organized crime or terrorist acts.
- Accused of Rape, Acid Attack, or Drug offenses.
Note: For minor offenses (like Cheating, defamation, or simple fights), routine handcuffing is STILL ILLEGAL.
What to Do If Police Violate Your Rights?
- Do not resist physically, but assert your rights verbally.
- Demand a Medical Checkup immediately if you are hurt.
- Contact a Lawyer: We can file an application before the Magistrate to record your statement and inspect your injuries.
Your Dignity is Non-Negotiable.
If you are facing police harassment, contact me immediately.
Legal Assistance
Advocate Ajay Malik
(Supreme Court, Delhi High Court & District Courts)
📍 Chamber: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Call/WhatsApp: +91-8766252309
🌐 Website: advajaysinghmalik.com