Investigating Officer and Senior Police Officials Held Personally Liable for Illegal Detention
In a significant ruling, the Karnataka High Court, presided over by Justice M. Nagaprasanna, has declared the arrest of K.N. Mohan Reddy, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, as illegal. The court held that the arrest, carried out before the expiration of a compliance notice issued under Section 35(3) of the BNSS, violated both procedural and constitutional safeguards, including the fundamental right to personal liberty enshrined in Article 21 of the Indian Constitution.
The case arose when Mohan Reddy, accused number two in a registered crime involving a disputed Will, was issued a notice on August 25, 2026, by the Whitefield Police Station. The notice required his appearance on August 27, 2026. However, the police arrested him nearly 48 hours prior to the due date, an action that the court described as turning "the statutory safeguard on its head."
The court emphasized that the notice under Section 35(3) should act as a shield against arbitrary arrest, and any arrest before the compliance deadline is unlawful. Justice Nagaprasanna criticized the police for rendering the notice a "mere piece of paper" and highlighted the absence of any "legally sustainable reason" for the preemptive arrest.
Further underscoring the gravity of the situation, the court imposed exemplary costs of Rs. 3,00,000 on the Investigating Officer, Assistant Commissioner of Police, and Deputy Commissioner of Police. These costs are to be borne personally by the officers, ensuring accountability and preventing the burden from falling on taxpayers.
The judgment also addressed the role of Mohan Reddy as merely an attesting witness to the Will, stating that this did not justify his arrest or implication in criminal proceedings. The court noted the absence of specific allegations or evidence against him, reiterating that the responsibility for the arrest extended beyond the Investigating Officer to include supervisory officers who failed to prevent the unlawful action.
Highlighting the importance of adherence to statutory procedures, the court referred to precedents set by the Supreme Court, which stress that arrest should not be the default response in investigations. The court asserted that the power to arrest must be exercised sparingly and only when absolutely necessary, with reasons duly recorded in writing.
The ruling reaffirms the judiciary's role in safeguarding individual liberties against executive overreach and sets a precedent for adherence to statutory safeguards in the exercise of arrest powers.
Bottom Line :
Arrest of an individual under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 35(3) - Arrest before the compliance deadline of the notice issued under Section 35(3) is illegal and violates statutory safeguards.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 35, 35(3); Constitution of India, Article 21
K.N. Mohan Reddy v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2969104
