Why was the MNS activist released by the Mumbai court?

The MNS activist was released because the court found his arrest to be illegal, as he was not served a mandatory notice for appearance under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Home / Crime and Justice / Court Frees Accused Over Notice Flaw

Court Frees Accused Over Notice Flaw

Q: What law was violated in the arrest of the MNS activist?

The arrest was deemed illegal for not adhering to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates a notice for appearance in certain cases.

Q: What was the accusation against the MNS activist Ravindra Shinde?

Ravindra Shinde was accused of threatening and extorting a road work contractor in South Mumbai.

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Summary

MNS activist released by court due to procedural error.
Arrest deemed illegal for lack of mandatory notice.
New legal code section 35(3) cited for release.

In a significant ruling, a magistrate court in Mumbai has released an MNS activist, Ravindra Shinde, whose arrest was challenged as illegal. The court found that Shinde was not provided with a mandatory notice for appearance, as required by Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Shinde, accused of threatening and extorting a road work contractor in South Mumbai, was arrested on Saturday. His legal counsel argued that a Supreme Court order mandates issuing a notice under Section 35(3) for offences carrying a jail term of up to seven years. While the prosecution maintained that police procedures were followed, the court highlighted that the probe officer could not demonstrate that the requisite notice under Section 35(3) had been issued, despite compliance with other BNSS provisions regarding grounds of arrest and informing relatives.

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