Why the magistrate ordered release
A Bandra magistrate ordered the release of a man arrested in connection with Sonakshi Sinha’s complaint about altered photographs allegedly circulated online. NDTV and Hindustan Times reported on November 15 that the court rejected a request from Bandra police for three days of custody after finding problems with how the arrest was carried out.
Bandra police registered the case on November 13 after Sinha filed a complaint. The man was arrested in Delhi the following day and brought to Mumbai, the outlets reported. The magistrate noted that officers had not produced him before a magistrate in Delhi before bringing him to Mumbai. NDTV reported that the court found the police explanation for that omission unsatisfactory.
[1][2]What police sought to investigate
Police told the court they wanted custody to identify the platform or device allegedly used to create the images, according to NDTV. The defence challenged the way officers had handled the arrest, and the man denied committing an offence. The magistrate assessed the custody request against the steps the law requires police to follow when making an arrest.
NDTV identified the provision at issue as Section 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, which requires officers to record why an arrest is necessary.
NDTV reported that the magistrate also looked at whether officers had recorded reasons showing why an arrest was necessary. The court found that the records before it did not establish compliance with those requirements. It directed police to follow the prescribed process. The release resolves the immediate custody request. The reports did not describe any ruling on whether the conduct alleged in Sinha’s complaint occurred.
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