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High Court

Bombay High Court Declares Arrest Illegal for Violation of Section 47 BNSS and Article 21 — Detention Beyond 24 Hours and Non-Communication of Grounds of Arrest. The Court held that the police's failure to inform the grounds of arrest in writing and detention beyond 24 hours without production before a Magistrate renders the arrest illegal, directing release of the accused.

18 Sep 2025

The petitioner, Rohan Mohan Shinde, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bharati...

High Court

Bombay High Court Declares Arrest Illegal for Non-Compliance with Article 22(1) and Section 50 Cr.P.C. — Failure to Communicate Grounds of Arrest in Writing Renders Arrest and Subsequent Remand Void. The court held that the constitutional mandate under Article 22(1) requires grounds of arrest to be communicated in writing, and oral communication is insufficient, vitiating the arrest and all subsequent remand orders.

18 Jul 2024

The petitioner was arrested on 22 February 2024 in connection with C.R. No.68 of 2020 registered at Malad Police Station for offences under Sections 4...

High Court

Bombay High Court Examines Bail Application of Accused in NDPS Case on Grounds of Illegal Detention. Question Whether Production on Transfer Warrant Satisfies Requirement of Production Within 24 Hours Under Article 22(2) and Section 57 CrPC Raised.

27 Jan 2005

The matter arose from a bail application filed by the accused in an NDPS case. The accused was charged under Section 29 of the Narcotic Drugs and Psyc...

High Court

High Court Dismisses Petition Challenging Arrest Under Prevention of Money Laundering Act, 2002 Due to Compliance with Statutory Safeguards and Limited Scope of Judicial Review. Arrest Upheld as Enforcement Directorate Provided Written Grounds and Reasons to Believe Under Section 19, with Predicate Offence Under Prevention of Corruption Act, 1988 Registered Subsequently.

9 Mar 2026

The petitioner, a Deputy Director in the Vasai-Virar City Municipal Corporation, filed a criminal writ petition challenging his arrest by the Enforcem...

Supreme Court

Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

10 Mar 2025

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

High Court

High Court of Karnataka Quashes Arrest and Remand in GST Case for Non-Compliance with Section 35(3) BNSS Notice Requirement. Failure to Issue Mandatory Notice Under Section 35(3) BNSS Before Arrest Renders Arrest Illegal and Proceedings Vitiated Under Section 69(1) Read with Sections 132(1)(a), 132(1)(b), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act, 2017.

12 Mar 2025

The petitioner, Viral Narendra Gosalia, a proprietor, was arrested by the Senior Intelligence Officer, Directorate General of Goods and Services Tax I...

High Court

Bombay High Court Considers Whether Arrest of Woman Accused at 8:00 p.m. Violates Section 46(4) CrPC Sunset Rule in PNB Fraud Case. Arrest After Sunset Without Prior Judicial Magistrate Permission Allegedly Renders Arrest and Remand Illegal.

10 May 2018

The petitioner, an executive assistant to Nirav Modi and authorised signatory of firms involved in an alleged fraud on Punjab National Bank, was arres...

High Court

Bombay High Court Dismisses Petition Challenging Arrest and Remand in POCSO Case — Non-Communication of Grounds of Arrest Does Not Vitiate Custody After Charge Sheet. The Court held that the remedy for violation of Article 22(1) is not automatic release and the filing of charge sheet cures any initial defect in arrest.

18 Sep 2025

The petitioner, Rahul Shankarrao Wadhave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the B...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

11 Oct 2011

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Insufficient Time Between Endorsement of In-Camera Statements and Issuance of Detention Order. The court held that the Detaining Authority did not have sufficient time to apply its mind properly, vitiating the detention order under Section 2(a)(iv-a) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

10 Oct 2016

The petitioner, a friend of the detenu Nilesh Dnyaneshwar Desale, challenged the detention order dated 16.3.2016 passed by the District Magistrate, Ja...

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