Delhi High Court Orders Compliance with Inter-State Arrest Protocols in Alleged Unlawful Custody of Minors
Court demands status report after Delhi minors arrested in Rajasthan without following due procedure, highlighting procedural lapses in inter-state arrests.
In a significant ruling on September 30, 2025, the Delhi High Court addressed the alleged unlawful detention and custody of two minors, S and R, following their inter-state arrest by Rajasthan Police without adhering to established procedural safeguards. The case, titled Kapoori Bai v. State (NCT of Delhi), questioned the legality of the minors' arrest and detention, emphasizing the importance of compliance with the Bharatiya Nagarik Suraksha Sanhita, 2023.
The petitioner, Kapoori Bai, a street hawker in Delhi, filed a writ petition under Article 226 of the Constitution of India and Section 528 of the BNSS, seeking a writ of habeas corpus for her son S and her relative's son R. The minors, aged 15 and 17 respectively, were allegedly taken by individuals in civilian clothing on September 26, 2025, from a park in Janakpuri, Delhi, without any prior notice to the local police.
After multiple unsuccessful attempts to file a missing persons report, the families were informed that the minors were detained at Pushkar Police Station in Rajasthan. The arrest was purportedly linked to an FIR filed in August 2025 under Sections 331(4) and 305(a) of BNS, 2023. However, the procedural guidelines for inter-state arrests, particularly the requirement to notify local authorities and ensure legal consultation, were not followed.
The court, presided over by Justices Jyoti Singh and Anish Dayal, noted the failure of Rajasthan Police to inform Delhi Police prior to the arrest and the lack of age verification for the minors. The court highlighted the guidelines established in the case of Sandeep Kumar v. State (Govt. of NCT of Delhi), which mandate communication with local police and provide an opportunity for the arrested person to consult with a lawyer before being taken out of the state.
The petitioner's counsel argued that the arrest could be retaliatory, linked to a Supreme Court directive concerning the custodial death of Deva Pardhi, a relative of the petitioner. The Supreme Court had previously noted police involvement in Pardhi's death, raising concerns about potential misuse of power.
Acknowledging the procedural lapses, the court directed the Standing Counsel for the State of Rajasthan to file a detailed status report, signed by SP Vandita Rana, Ajmer, Rajasthan. The report should address the compliance with procedural safeguards and update the court on the minors' status.
The court scheduled the next hearing for October 1, 2025, emphasizing the need for transparency and adherence to legal protocols in inter-state arrests, particularly involving minors. This case underscores the judiciary's role in safeguarding individual rights against procedural violations and ensuring accountability in law enforcement practices.
Bottom Line:
Inter-state arrest - Compliance with procedural safeguards - Arrest of minors and failure to adhere to guidelines laid down for inter-state arrests.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528; Sections 331(4) and 305(a) of BNS, 2023; Article 226 of the Constitution of India.
Kapoori Bai v. State (NCT of Delhi), (Delhi)(DB) : Law Finder Doc Id # 2786214
