Legal provision involved: Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Judgement by: Bombay High Court

Judge/Bench: Justice Bharati Dangre and Justice Shyam C. Chandak

Facts

The petitioner, a Senior VP at a digital company, was arrested by the Cyber Police over an FIR about deepfake investment videos. Some of his colleagues had already been arrested. He said he was not questioned before the arrest and that proper legal procedures were not followed. After his bail was denied by the Magistrate, he approached the High Court.

Key legal provisions involved

• Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
• Section 57 (now Section 58 of BNSS, 2023) Criminal Procedure Code, 1973 (CrPC)
• Article 22(2) of the Constitution of India

Issues raised

• Whether arrest be justified collectively for multiple accused?
• Whether the Investigating Officer complied with statutory and constitutional safeguards in effecting the arrest?

Arguments of the case

The petitioner argued that arrest was illegal, mechanically applied, and ignored individual role and safeguards. While the respondent stated that the arrest was justified in the alleged offences. 

Judgement

The Bombay High Court ruled that every arrest must be based on reasons specific to each person. Using the same reasons for arresting several people together goes against the law and constitutional rights. The court said the petitioner’s arrest was illegal and ordered his release on bail with a Rs. 50,000 bond and one or more sureties of the same amount. The court stressed that a person’s freedom cannot be taken away without clear and valid reasons.

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