Sonakshi Sinha morphed photo case: Mumbai court orders release of arrested Delhi man over procedural lapses: report

New Delhi: A Mumbai court has ordered the release of a Delhi-based man who was arrested in connection with the alleged circulation of objectionable morphed photographs of Bollywood actress Sonakshi Sinha on social media.

Following a complaint filed by Sinha, the Bandra Police had registered a case and apprehended the accused, identified as Aryan Deepak Jain, on November 14 at around 10:11 am from the Jagatpuri Police Station limits in Delhi’s Shahdara area. However, the court granted him relief after finding that investigating officials failed to adhere to mandatory legal protocols during the arrest and transit process.

Court flags failure to produce accused before Delhi magistrate

According to a report by India Today, the Bandra magistrate observed that the police did not follow due legal procedure while bringing Jain from the national capital to Mumbai. During the hearing, the court noted that the accused was not produced before the nearest local magistrate in Delhi prior to being presented before the court in Mumbai.

"Thus, it appears that the police have directly brought the accused from Delhi before this Court without following the procedure of production before the nearest Magistrate," the court observed.

Defence questions legality of arrest under BNSS provisions

Appearing for Jain, advocates Aman Shahi, Prashant Trivedi, and Aditya Jain challenged the legality of their client's arrest. They maintained that Jain had not committed any offence and argued that the legal provisions invoked against him were inapplicable in the matter. The defence counsel further contended that the complainant's influential standing may have prompted the police action.

Examining the case records, the magistrate highlighted non-compliance with statutory arrest safeguards under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

"Therefore, the investigating officer was required to comply with the safeguards under Section 35(1)(b) of the BNSS, including recording the reasons showing the necessity of arrest. The record does not disclose satisfactory compliance with the said requirement," the court noted.

Citing the failure to comply with the prescribed legal procedures, the court subsequently ordered Jain’s release.