D.K. Basu v. State of West Bengal
AIR 1997 SC 610 · Supreme Court of India
The Court laid down mandatory arrest-and-detention guidelines (memo, medical exam, informing a relative) as part of Articles 21 and 22.
Unit I · Bharatiya Nagarik Suraksha Sanhita, Juvenile Justice and Probation
Arrest without warrant: BNSS 35–62 / CrPC 41–60A
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 35 | When police may arrest without warrant (cf. s. 41 CrPC) |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 36 | Procedure of arrest and duties of officer (cf. s. 41A CrPC notice of appearance) |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 43 | Arrest how made (cf. s. 46 CrPC) |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 47–48 | Search of arrested person and informing grounds (cf. ss. 50–51 CrPC) |
Landmark cases
Joginder Kumar v. State of U.P.
AIR 1994 SC 1349 · Supreme Court of India
Arrest is not automatic on mere allegation; the officer must justify the need to arrest and allow the arrested person to inform a friend or relative.
Arnesh Kumar v. State of Bihar
(2014) 8 SCC 273 · Supreme Court of India
In offences punishable with up to seven years, arrest under section 41 CrPC (now BNSS 35) requires recorded reasons; a notice of appearance is the default.