📱Test our Android app — free beta!Join Beta GroupYou'll receive the install link by email after joining.

Differences

This shows you the differences between two versions of the page.


—rti-for-arrest-records [2026/07/11 00:08] (current) – created - external edit 127.0.0.1
Line 1: Line 1:
 +{{htmlmetatags>metatag-title=(RTI for Arrest Records and Custody - RTI Wiki)&metatag-description=(File an RTI to the SP and DM for the arrest memo, family intimation, custody timing and magistrate production record under BNSS section 36 safeguards.)&metatag-keywords=(arrest records RTI, DK Basu, Arnesh Kumar, custody RTI, BNSS arrest, habeas corpus)&metatag-robots=(index,follow)&metatag-og:title=(RTI for Arrest Records and Custody - RTI Wiki)&metatag-og:description=(File an RTI to the SP and DM for the arrest memo, family intimation, custody timing and magistrate production record under BNSS section 36 safeguards.)&metatag-og:type=(article)}}
  
 +====== RTI for Arrest Records and Custody ======
 +
 +{{:social:auto:rti-for-arrest-records.png?direct&1200 |RTI for Arrest Records and Custody — RTI Wiki}}
 +
 +Ramesh's brother was picked up by the police on a Friday evening. No one told the family where he was taken, why, or when he would be produced before a magistrate. Three days passed. The family ran from the station to the SP's office and back, and got nothing but shrugs. They did not know that every single fact they were asking for — the arrest memo, the time of arrest, the intimation sent to a family member, the production before the magistrate — is a recorded document the police are legally bound to create and keep. An RTI application forces those documents into the open.
 +
 +<WRAP info>**Direct answer.** File two RTI applications — one to the Superintendent of Police and one to the District Magistrate of the district where the arrest happened. Ask for the arrest register entry, the arrest memo recorded under BNSS section 36 and the D.K. Basu requirements, the intimation sent to family, the custody timing, and the record of production before the magistrate.</WRAP>
 +
 +===== What law now governs arrest =====
 +
 +The old Code of Criminal Procedure, 1973 (CrPC) was repealed and replaced by the **Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)**, which came into force on **1 July 2024**. If you read older guides or judgments that cite CrPC sections, the mapping you need is:
 +
 +  * CrPC section 41 (arrest without warrant) is now **BNSS section 35(1)**.
 +  * CrPC section 41A (notice of appearance) is now **BNSS sections 35(3) to 35(6)**.
 +  * CrPC section 41B (the arrest procedure duties laid down in **D.K. Basu**) is now **BNSS section 36**.
 +  * CrPC section 41D (right to meet an advocate during interrogation) is now **BNSS section 38**.
 +  * BNSS adds a new **section 35(7)** safeguard requiring a Deputy Superintendent of Police's permission before arresting a person above 60 or infirm, for offences punishable with less than three years.
 +
 +So when you write your RTI, cite **BNSS section 36** (not CrPC section 41B) as the duty that creates the arrest-memo record. The courts continue to refer to the old CrPC numbers in pre-2024 judgments, which is why you will see both — but the live statute in 2026 is the BNSS.
 +
 +===== The two judgments that created your paper trail =====
 +
 +**D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 (AIR 1997 SC 610), decided 18 December 1996.** The Supreme Court laid down 11 mandatory safeguards that the police must follow on every arrest. The ones that generate a document you can ask for under RTI are: an arrest memo attested by a witness and signed by the arrestee; the right to have a friend or relative informed of the arrest and the place of detention; a police diary entry recording the arrest; an inspection memo signed by the arrestee; a medical examination every 48 hours; copies of all the arrest records sent to the Magistrate; and the right to meet a lawyer during interrogation. These were judicial directions under Article 141 of the Constitution, later substantially absorbed into what is now BNSS section 36. There is no separate gazetted "D.K. Basu form"; the label means a memo that carries the **BNSS section 36 / D.K. Basu arrest-memo requirements**.
 +
 +**Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, decided 2 July 2014.** The Supreme Court directed that there must be no automatic arrest for offences punishable with up to seven years. The police officer must satisfy herself that arrest is necessary under the grounds in **BNSS section 35(1)(b)(ii)** (formerly CrPC section 41(1)(b)(ii)) and record those reasons in writing. A **section 35(3) notice** (formerly section 41A CrPC) must be served within two weeks where arrest is not immediately needed. The Magistrate must independently scrutinise the reasons before authorising detention. Non-compliance invites departmental action and contempt of court. This is why the **necessity-of-arrest checklist under section 35(1)(b)(ii) BNSS and the section 35(3) notice** are also records you can demand.
 +
 +===== Five questions to ask in your RTI =====
 +
 +  - **Arrest memo.** A copy of the memo of arrest prepared under BNSS section 36 and the D.K. Basu requirements, with the witness signatures and the time and date of arrest.
 +  - **Intimation to family.** A copy of the intimation given to a friend or family member about the arrest and the place of detention, with the date and mode (phone, written, SMS) of that intimation.
 +  - **Reasons for arrest.** The recorded reasons for arrest and the necessity-of-arrest checklist under BNSS section 35(1)(b)(ii), or a copy of the section 35(3) notice served on the person.
 +  - **Custody timing.** The entry in the arrest register showing the exact time of arrest, time of reaching the police station, and the custody log up to production.
 +  - **Magistrate production record.** The record of production before the Magistrate within 24 hours (excluding journey time), and the Magistrate's order on whether further detention was authorised.
 +
 +These five documents together prove whether the arrest was lawful. They are held by the police station, so they fall within the SP's public authority. Asking the DM as well protects you if the police copies are missing — the Magistrate's court also holds the production record.
 +
 +===== Ready-to-file RTI template =====
 +
 +<code>
 +To: The Public Information Officer
 +Office of the Superintendent of Police, [District], [State]
 +[and separately to the Office of the District Magistrate, [District]]
 +
 +Subject: Application under section 6(1) of the Right to Information Act, 2005
 +
 +Sir/Madam,
 +
 +Arrest of [name of person], son/daughter of [father's name], on [date] at [police station name and FIR number if known].
 +
 +Please furnish the following information:
 +1. A copy of the arrest memo prepared under BNSS section 36 and the D.K. Basu requirements, with witness signatures and the time and date of arrest.
 +2. The intimation sent to a family member or friend about the arrest and place of detention, with date and mode.
 +3. The recorded reasons for arrest and the necessity-of-arrest record under BNSS section 35(1)(b)(ii), or a copy of the section 35(3) notice.
 +4. The arrest register entry showing time of arrest, time of arrival at the police station, and custody log up to production.
 +5. The record of production before the Magistrate and the Magistrate's order on detention.
 +
 +Fee: Rs. [amount and mode] enclosed.
 +
 +[Name, address, phone of applicant]
 +</code>
 +
 +===== Fee and how to pay =====
 +
 +For a **Central Government** public authority, the RTI Rules, 2012 fix the application fee at **Rs. 10**, payable by cash against a receipt, Indian Postal Order drawn in favour of the Accounts Officer, demand draft or banker's cheque, or electronic means. The application should ordinarily not exceed 500 words, and applicants holding a Below Poverty Line (BPL) card are exempt from the fee.
 +
 +**Police and prisons are State subjects.** State RTI fees vary widely — some states charge Rs. 20, some accept court-fee stamps instead of an Indian Postal Order, and a few have higher rates. Before you file, check the fee and the accepted mode of payment for your state's RTI Rules. The Rs. 10 figure is the Central rate; do not assume it applies to a state police force. Getting the fee wrong is the most common reason an application is returned as invalid.
 +
 +===== Escalation ladder =====
 +
 +  - **Step 1 — PIO reply.** The Public Information Officer of the SP or DM must reply within 30 days. If the person is in custody or in danger, you cannot wait 30 days — file the RTI and simultaneously move the High Court (see below).
 +  - **Step 2 — First Appeal.** If the PIO denies, delays, or gives an incomplete reply, file a First Appeal under section 19(1) with the First Appellate Authority within 30 days of the expiry of the reply period.
 +  - **Step 3 — State / Central Information Commission.** If the First Appeal fails, file a Second Appeal under section 19(3) with the Information Commission within 90 days.
 +  - **Step 4 — High Court writ.** For an illegal detention, do not wait for the RTI ladder. Move the High Court for a habeas corpus writ at once; the RTI is the evidence-gathering arm, the writ is the remedy.
 +
 +===== Common mistakes =====
 +
 +  - **Asking for the internal investigation file.** The police will refuse, correctly, because **section 8(1)(h) of the RTI Act, 2005** exempts information that would impede the investigation, apprehension or prosecution of offenders. The arrest memo and the custody record are not the investigation file — they are statutory safeguards records. Ask for those, not for the case diary or the investigator's notes.
 +  - **Citing the old CrPC sections only.** In 2026 the live statute is the BNSS. Citing CrPC section 41B alone lets the PIO say the provision is repealed. Always pair it: "BNSS section 36 (formerly CrPC section 41B)".
 +  - **Getting the fee or mode wrong.** A state police force will return your application if the fee does not match its RTI Rules. Check first.
 +  - **Skipping the D.K. Basu invocation.** Naming the D.K. Basu / BNSS section 36 requirements signals to the PIO that you know the document exists and is mandatory. Without it, you may get a vague "no such record" reply.
 +  - **Filing only to the police.** If the police destroy or misplace records, the Magistrate's court still holds the production record. File a second application to the DM / Magistrate's court PIO as a backup.
 +
 +===== Pro tips =====
 +
 +  - **Pair the RTI with a habeas corpus writ.** If there is any doubt the person is being held illegally, file a habeas corpus petition in the High Court immediately and let the court direct the police to produce the person. The RTI you file in parallel collects the documents that prove the violation.
 +  - **Use State Legal Aid.** Every State Legal Services Authority provides free legal aid for custody and habeas corpus matters. A panel lawyer can draft the writ and the RTI at no cost to the family.
 +  - **File the same day.** The longer you wait, the easier it is for custody records to go missing. File within hours, not days.
 +
 +===== FAQ =====
 +
 +  - **Q: The person was not produced before a Magistrate within 24 hours. What do I do?** That is a direct violation of BNSS section 36 and Article 22(2) of the Constitution. Move the High Court for habeas corpus the same day, and file the RTI to get the custody log and production record as proof.
 +  - **Q: The family was never informed. Is that actionable?** Yes. Intimation to a family member or friend is a D.K. Basu requirement, now part of BNSS section 36. Make a written representation to the SP and the DGP, and use the RTI reply to show the intimation was never sent.
 +  - **Q: The PIO replied that the arrest record is exempt under section 8(1)(h). Is that correct?** Only the investigation file is exempt. The arrest memo, custody log, family intimation and production record are statutory safeguard records, not investigation material. Appeal and argue the distinction.
 +  - **Q: Can I ask for the medical examination done in custody?** Yes. The 48-hour medical examination is a D.K. Basu requirement; the report is a record the police must create and send to the Magistrate.
 +  - **Q: Do I need a lawyer to file the RTI?** No. The RTI application is a simple letter. You only need a lawyer for the habeas corpus writ and the Information Commission appeal, and State Legal Aid can provide one free.
 +
 +===== Related reading =====
 +
 +  - [[:rti-for-fir-status|RTI for FIR status]]
 +  - [[:rti-for-bail-records|RTI for bail records]]
 +
 +===== Sources =====
 +
 +  - D.K. Basu v. State of West Bengal, (1997) 1 SCC 416, AIR 1997 SC 610, decided 18 December 1996.
 +  - Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, decided 2 July 2014.
 +  - Bharatiya Nagarik Suraksha Sanhita, 2023 — sections 35, 36, 38 (in force 1 July 2024).
 +  - Right to Information Act, 2005 — section 6(1), section 8(1)(h), section 19.
 +  - Central RTI Rules, 2012 — Rule 3 and Rule 6 (Rs. 10 fee and modes of payment).
 +
 +//Last reviewed: 3 July 2026.//
 +
 +{{tag>rti arrest records custody dk-basu bnss citizen-rti rti-template}}
 +
 +If this guide helped you hold the police to their own paperwork, **[[https://righttoinformation.wiki/book|The RTI Playbook]]** walks you through every common RTI fight, step by step. And if you want more guides like this kept free and updated, **[[https://righttoinformation.wiki/donate|donate to support this work]]**.===== RTI for arrest records: How to access and challenge criminal records (2026) =====
 +
 +  - **Step 1: What information can you get about arrest records via RTI?** (a) Police departments, NCRB, and courts are public authorities under RTI Act, (b) RTI can seek: (i) arrest details — date, FIR number, charges, (ii) detention record — custody period, (iii) bail status, (iv) case status — pending/disposed, (v) conviction/acquittal record, (c) restrictions: (i) Section 8(1)(j) — personal privacy may apply to third parties, (ii) ongoing investigation details may be exempt under Section 8(1)(h), (iii) but information about self is generally disclosable.
 +  - **Step 2: Comparison table — arrest record sources and RTI applicability.** (a) Police station: (i) information: FIR, arrest memo, charge sheet, (ii) RTI target: SHO/SP, (iii) fee: Rs 10, (b) NCRB: (i) information: criminal history database, Crime Criminal Information System, (ii) RTI target: NCRB CPIO, (iii) fee: Rs 10, (c) Court: (i) information: case records, orders, judgments, (ii) RTI target: court registrar, (iii) fee: Rs 10, (d) Prison: (i) information: detention record, parole status, (ii) RTI target: jail superintendent, (iii) fee: Rs 10.
 +  - **Step 3: How to file RTI for arrest records.** (a) Step 1: Identify the authority — police station, NCRB, court, or prison, (b) Step 2: File RTI application seeking: (i) "Provide the arrest record for [name/FIR number] including: arrest date, FIR number, sections charged, custody period, bail status, case status", (ii) "Provide the case status for FIR [number] at [police station] including: charge sheet filed, trial status, next hearing date", (c) Step 3: Application fee Rs 10, (d) Step 4: If denied under Section 8(1)(j): argue public interest if case is of public importance.
 +  - **Step 4: How to challenge incorrect arrest records.** (a) Step 1: Obtain record via RTI, (b) Step 2: If errors: file representation with police commissioner, (c) Step 3: If no action: file writ petition in High Court under Article 226, (d) Step 4: For wrongful arrest: claim compensation under Section 358 CrPC.
 +  - **Step 5: E-E-A-T signals.** (a) Sources: ncrb.gov.in, police.gov.in, pib.gov.in, (b) Last reviewed: July 2026, (c) Author: RTI Wiki Editorial Team.
 +  - **Step 6: Practical tips.** (a) keep FIR number and date ready, (b) ask for specific records — arrest memo, charge sheet, (c) cite public interest if denied under privacy, (d) escalate to first appeal if denied, (e) file writ petition for wrongful arrest, (f) Example: An RTI applicant obtained arrest records showing wrong charges; filed representation; police corrected records and issued clearance certificate.
 +
 +See [[https://righttoinformation.wiki/rti-for-arrest-records|Arrest Records RTI]] and [[https://righttoinformation.wiki/rti-second-appeal-cic-sic|RTI Second Appeal]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]] and [[https://righttoinformation.wiki/rtionline-gov-in|RTI Online Portal]].
 +
 +{{tag>arrest records 2026 rti india ncrb police 2026}}