Right to Information Wiki

Arrest records / DK Basu compliance — RTI

File RTI to **SP** AND **DM**. Ask arrest register, memo of arrest under D.K. Basu, intimation to family, custody records.

Arrest records / DK Basu compliance — RTI

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

· 2026/04/19 05:02

Direct answer. File RTI to SP AND DM. Ask arrest register, memo of arrest under D.K. Basu, intimation to family, custody records.

  • 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

  1. Arrest memo (D.K. Basu compliant).
  2. Intimation to family.
  3. Reasons for arrest.
  4. Custody timing.
  5. 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.

Sources

  1. CrPC §41-§41D. DK Basu (1997). Arnesh Kumar (2014).

Last reviewed: 25 April 2026.

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