Pune: Police Rely on WhatsApp to Inform Kin, Court Declares Accused’s Arrest Illegal
Pune, 2nd September 2026: A WhatsApp message sent by police to the relatives of a theft accused has landed the prosecution in trouble, with a court declaring the arrest illegal and ordering the accused’s immediate release for failure to follow the mandatory procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The Bavdhan police had arrested the 28-year-old Dhayari resident on May 28, 2024, in connection with the alleged theft of a gold chain and diamond jewellery at Chandani Chowk. He was produced before a first-class judicial magistrate’s court in Pune, where police sought seven days’ custody to investigate the case and trace his alleged associates.
The accused’s lawyers, advocates Shubham Balkawade and Ketankumar Jadhav, however, challenged the arrest itself, arguing that the police had not complied with Section 48 of the BNSS.
Under the provision, police are required to immediately inform a relative or friend of an arrested person about the arrest and the place where the person is being held. The information also has to be recorded in the police station diary.
The defence argued that the police had merely sent a WhatsApp message to the accused’s relatives and had failed to make the required diary entry, making the arrest procedurally illegal.
After hearing both sides, the court rejected the police’s request for custody, held the arrest illegal and directed that the accused be released immediately.
