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.