Libertatem Magazine

Witnesses Cannot Be Confined Illegally For The Purpose Of Investigation

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In the case of Smt. Seema Devi v State of Uttar Pradesh 2016 (decided on 25.05.2016) the division bench of Allahabad High Court comprising of Justice Ajai Lamba and Justice Ravindra Nath Mishra-II held that the practice of taking witness in custody for recording statement under Section 164 CrPC is not contemplated under the Code of Criminal Procedure or any other law.

The fact of the present case is that the father of the petitioner Seema Devi complained that the petitioner’s boyfriend, Chhote Lal kidnapped her. This was denied by Seema Devi. She confessed that she married Chhote Lal willingly. Thereafter, the police took the petitioner Seema Devi and her husband Chhote Lal in custody/detention from their residence whereupon Chhote Lal was released from custody, however detention of Seema Devi was maintained . Thus, the petitioner filed a writ of habeas corpus through her husband for her release from wrongful and illegal detention/confinement. Hence, the Court ruled out that right to liberty of the petitioner has been violated by keeping her in confinement for 15 days and directed the Station House Officer and the Investigating officer to pay a sum of 1,50,000 to the petitioner as compensation.

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