Table of Contents
Arrest records / DK Basu compliance — RTI
Direct answer. File RTI to SP AND DM. Ask arrest register, memo of arrest under D.K. Basu, intimation to family, custody records.
Legal framework
- CrPC §41B/41D — arrest with reasons.
- DK Basu v. State of WB (1997) 1 SCC 416 — arrest safeguards.
- Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 — checklist.
5 questions to ask
- Arrest memo (D.K. Basu compliant).
- Intimation to family.
- Reasons for arrest.
- Custody timing.
- Magistrate production record.
Template
To: The Public Information Officer, SP / DM Subject: Application under §6 RTI Act 2005 — Arrest registration & DK Basu Arrest of [name] on [date] at [PS] — please furnish (1) arrest memo, (2) family intimation, (3) reasons, (4) custody timing, (5) magistrate production. Fee: Rs.10 by IPO/cash.
Common mistakes
- Asking for internal investigation file — §8(1)(h) protected.
- Skipping DK Basu invocation.
Case law anchors
- DK Basu (1997) — arrest safeguards.
- Arnesh Kumar (2014) — Section 41A checklist.
Pro tips
- Pair with HC HCB writ if illegally detained.
- State Legal Aid for representation.
FAQ
- Q: Custody not produced in 24h? Habeas corpus + RTI for custody records.
- Q: Family not informed? D.K. Basu violation; representation to SP/DGP.
Related reading
Sources
- CrPC §41-§41D. DK Basu (1997). Arnesh Kumar (2014).
Last reviewed: 25 April 2026.