Mumbai Magistrate Court Releases MNS Activist, Declares Arrest Illegal Under BNSS Provisions
In a significant legal development, a magistrate court in Mumbai has ordered the release of a Maharashtra Navnirman Sena (MNS) activist, Ravindra Shinde, who was accused of threatening and extorting a road work contractor in south Mumbai. The court held that his arrest was illegal because the police failed to serve a mandatory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure code that replaced the Code of Criminal Procedure (CrPC).
Arrest Deemed Invalid Due to Procedural Lapse
Ravindra Shinde was arrested on Saturday in connection with the extortion case. His legal counsel, Rajendra Shirodkar, who appeared alongside Archit Sakhalkar, argued before the court that the arrest was unlawful. Shirodkar cited a Supreme Court order which mandates that a notice must be issued under Section 35(3) of the BNSS for offences punishable with imprisonment of up to seven years. This section requires authorities to serve a notice to the accused for appearance before making an arrest in such cases.
Public prosecutor R A Patil contended that the police had followed all necessary procedures during the arrest. However, Shirodkar pointed out that the magistrate noted a critical oversight: while the police complied with other provisions, such as communicating the grounds of arrest under Section 47(1) of the BNSS and informing Shinde's relatives as required under Sections 48(2) and (3), the investigating officer failed to demonstrate that a notice under Section 35(3) was ever issued to Shinde.
Court's Ruling Highlights Importance of Legal Formalities
The magistrate's decision underscores the strict adherence to procedural formalities under the newly implemented Bharatiya Nagarik Suraksha Sanhita. By releasing Shinde, the court emphasized that failure to serve the mandatory notice renders an arrest illegal, regardless of other compliance measures. This ruling could set a precedent for similar cases, reinforcing the protection of individual rights under the BNSS.
The case has drawn attention to the practical application of the BNSS, which aims to streamline criminal procedures in India. Legal experts suggest that this incident may prompt police departments to enhance training on the new code to avoid such lapses in the future.
As the matter unfolds, further legal proceedings are expected in the extortion case against Shinde, but for now, his release marks a victory for procedural justice in the Indian legal system.
