D.K. Basu v. State of West Bengal
(1997) 1 SCC 416 · Supreme Court of India
Arrest memos, medical examination, right to inform a relative and entry in a diary are mandatory.
Unit III · Human Rights Law
Article 22: arrest, detention and preventive detention
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 |
|---|---|---|
| Constitution of India | 22(1)–(2) | Grounds of arrest, lawyer and production before a magistrate |
| Constitution of India | 22(3)–(7) | Preventive detention, Advisory Board and parliamentary safeguards |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | 35–37 | Arrest: notice, procedure and rights of the arrested person |
Landmark cases
Maneka Gandhi v. Union of India
(1978) 1 SCC 248 · Supreme Court of India
Even statutory powers over movement and passport must meet fairness.