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Sonakshi Sinha morphed photos case: Mumbai court holds Delhi arrest illegal

By · Via Times of India · Published by Everything Blog

In short

The case originated after an FIR was registered on Friday following a direct complaint from the actor regarding doctored images circulating online. Bandra police took Aryan Deepak Jain into custody in Delhi on Saturday morning and sought three days of detention to recover the device used to generate the material. However, the magistrate rejected the plea because officers neglected to produce the accused before a local Delhi magistrate or serve proper notice of the grounds of arrest.

Key points

  • Police officers must comply with Section 35(1)(b) of the BNSS and formally record reasons…: Police officers must comply with Section 35(1)(b) of the BNSS and formally record reasons for detention for offenses carrying up to seven years.
  • Transferring an accused individual across state lines requires strict adherence to mandat…: Transferring an accused individual across state lines requires strict adherence to mandatory procedural safeguards before a local magistrate.
  • The judicial ruling established that the mere necessity for further investigation cannot…: The judicial ruling established that the mere necessity for further investigation cannot justify an arrest conducted without statutory compliance.

Sources checked by our analysis pipeline: 1

A Mumbai court on Saturday freed a man who was picked up in Delhi over the alleged circulation of morphed nude pictures of actor

Sonakshi Sinha. The magistrate at the Bandra court held that the arrest was illegal because police did not follow the required legal steps while bringing him to Mumbai.

Case filed after actor’s complaint

According to the India Today report, the case was registered on Friday at Bandra police station in Mumbai. Sonakshi Sinha had complained that a person based in Delhi had shared doctored images of her on social media.

Arrest in Delhi and journey to Mumbai

The accused, named as Aryan Deepak Jain, was taken into custody at about 10.11 am on Saturday from Jagatpuri Police Station in Delhi’s Shahdara area. He was then flown to Mumbai and presented before a magistrate at the Bandra court. The magistrate, however, ordered his release.

Court flags lapse in procedure

The court noted that Aryan Deepak Jain was not first produced before the nearest magistrate in Delhi before being taken out of that jurisdiction. It observed:

"Thus, it…

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