Bombay High Court Declares Arrest Under Section 409 IPC Illegal, Awards Compensation
Court Orders Departmental Inquiry and Compensation for Wrongful Detention of Businessman
In a landmark judgment delivered on September 29, 2025, the Bombay High Court has declared the arrest of Vasantha Perampally Nayak under Section 409 of the Indian Penal Code (IPC) illegal and without lawful authority. The court, comprising Justices Revati Mohite Dere and Sandesh D. Patil, directed the State Government to compensate Nayak with Rs. 1,00,000 for his wrongful detention and ordered a departmental inquiry into the conduct of the police officers involved.
The case arose from Nayak's arrest on October 23, 2024, following the invocation of Section 409 in the FIR by the Bandra Police, despite lacking permission from superior officers. Nayak, engaged in the perfume oil business, was accused of criminal breach of trust and other offenses related to a partnership dispute. The court found that the police had added Section 409 to the FIR without requisite authorization, leading to Nayak's illegal detention for 20 days.
The court emphasized the importance of procedural safeguards under Section 41A of the Criminal Procedure Code and criticized the police for circumventing these safeguards by invoking Section 409, which carries a potential life sentence. The judgment underscored the need for police officers to justify arrests beyond mere power, highlighting the humiliation and curtailment of freedom caused by unnecessary detentions.
In addition to awarding compensation, the court directed the Mumbai Police Commissioner to initiate a departmental inquiry against the officers responsible, with instructions to complete the investigation within eight weeks. The court stipulated that the compensation paid to Nayak should be recovered from the salaries of the officers found guilty of misconduct.
The judgment also referenced previous Supreme Court rulings, including the landmark case of Arnesh Kumar v. State of Bihar, reinforcing the judiciary's stance against arbitrary arrests. The court asserted that the actions of the Bandra Police not only violated procedural norms but also constituted a gross abuse of power.
This decision serves as a reminder of the judiciary's role in safeguarding individual rights against police highhandedness and emphasizes the significance of adhering to constitutional mandates in law enforcement practices. The judgment marks a pivotal moment in reinforcing accountability within the police force, ensuring justice for those wrongfully detained.
Bottom Line:
Arrest under Section 409 of IPC without permission from superiors is illegal; compensation of Rs. 1,00,000 awarded for illegal arrest and departmental enquiry directed.
Statutory provision(s):
- - Criminal Procedure Code, 1973 Section 41A
- - Indian Penal Code, 1860 Section 409
- - Article 21 of the Constitution of India
Vasantha Perampally Nayak v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2788743
