Home / Crime and Justice / Bombay HC Cans Illegal Arrests Under New Law
Bombay HC Cans Illegal Arrests Under New Law
14 Sep
Summary
- Court found arrests illegal due to bypassing mandatory procedures.
- New law makes arrest an exception, not the rule.
- Court issued directives for statewide adherence to arrest rules.
The Bombay High Court has ordered the distribution of a crucial directive to all police commissioners throughout Maharashtra. This directive mandates strict adherence to statutory arrest procedures outlined in Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A single-judge bench, on September 10, declared the arrest of two brothers in Pune as "illegal." The court found that the police had served the siblings with Section 35(3) notices and simultaneously arrested them, thereby bypassing essential legal safeguards.
This case originated from an FIR at the Talegaon Dabhade police station concerning kidnapping and robbery charges under the Bharatiya Nyaya Sanhita (BNS). The two brothers had approached the station merely to inquire about their father's arrest but were instead served notices and taken into custody.
The BNSS specifies that a Section 35(3) notice should prompt an accused person to appear for questioning, making immediate custody the exception. Justice Milind N Jadhav stressed that serving a notice and arresting someone on the same day renders the law's protective measures redundant.
Representing the brothers, Advocate Nikitesh Kotangale requested statewide guidelines, citing routine "rush and hurry" by police in making same-day arrests. Justice Jadhav agreed, deeming broader directions "absolutely necessary in larger public interest" to prevent "knee-jerk" arrests.
Both brothers were granted bail. The court clarified that its observations were specific to the bail proceedings and would not affect the trial's merits.
