1.2 More than two decades ago, the Supreme Court dealt with the issue of
custodial violence in all its manifestations. In D.K. Basu v. State of West
Bengal (1997) 1 SCC 416 detailed binding guidelines were laid down with a
view to preventing instances of custodial violence, which had witnessed a marked
increase over the years. The judgment of Dr Justice A. S. Anand (as the
learned Judge then was) acknowledged at the outset that:

“Custodial violence, including torture and death in the lock ups,
strikes a blow at the Rule of Law, which demands that the powers of

Crl. Appeal No.74/2001 & connected matters Page 3 of 50
the executive should not only be derived from law but also that the
same should be limited by law. Custodial violence is a matter of
concern. It is aggravated by the fact that it is committed by persons
who are supposed to be the protectors of the citizens. It is committed
under the shield of uniform and authority in the four walls of a police
station or lock-up, the victim being totally helpless. The protection of
an individual from torture and abuse by the police and other law
enforcing officers is a matter of deep concern in a free society.”

Source: IK