Chandrashekhar Bhimsen Naik Vs State of Maharashtra & Ors. (Bombay High Court)
The Bombay High Court considered a writ petition seeking a writ of habeas corpus challenging the legality of the petitioner’s arrest in connection with FIR No. 293/2025 registered by the Cyber Police Station, West Region, Mumbai. The FIR alleged offences under various provisions of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000 relating to circulation of alleged deepfake videos concerning stock market investments.
The petitioner, a Senior Vice President of a digital technology company, was not named as an accused in the FIR. He contended that he was arrested without prior notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), despite cooperating with the investigation. He also challenged the legality of the arrest on the ground that the reasons and grounds of arrest communicated to him were vague, generic, and not compliant with constitutional and statutory safeguards.
The Court examined the safeguards contained in Article 21 and Article 22 of the Constitution, Sections 35, 47, and 48 of the BNSS, and the principles laid down by the Supreme Court in decisions including Arnesh Kumar v. State of Bihar, Satender Kumar Antil v. CBI, Joginder Kumar v. State of U.P., and other precedents. The Court emphasized that for offences punishable with imprisonment up to seven years, arrest is not automatic and can be effected only when the investigating officer records specific reasons demonstrating the necessity of arrest. It also stressed that the Magistrate must independently scrutinize such reasons before authorizing detention.
