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october 2012

Supreme Court of India · 2012-10-05

SUBHASHREE DAS @ MILLI vs STATE OF ORISSA

Citation / case number
SC 2012/6828
Court
Supreme Court of India
Petitioner
SUBHASHREE DAS @ MILLI
Respondent
STATE OF ORISSA
Author
JAGDISH SINGH KHEHAR B.S. CHAUHAN
Bench
JAGDISH SINGH KHEHAR B.S. CHAUHAN

Judgment text excerpt

The Supreme Court addressed the legality of the appellant's arrest under Section 57 of the Code of Criminal Procedure, emphasizing that an arrest made without the permission of a Judicial Magistrate and not producing the accused within 24 hours constitutes an illegal detention. The Court held that the appellant's rights under Article 21 of the Constitution were violated, leading to the conclusion that she was entitled to compensation for her unlawful detention. The judgment reinforced the necessity of adhering to procedural safeguards in criminal law enforcement.

SUBHASHREE DAS @ MILLI vs STATE OF ORISSA · Niyam