Sonakshi Sinha files complaint over morphed photos, man arrested in Delhi later released by Mumbai court

Sonakshi Sinha had approached the police after allegedly finding objectionable morphed photographs of herself being circulated on social media.

Actor Sonakshi Sinha had approached the police after allegedly finding objectionable morphed photographs of herself being circulated on social media. Following her complaint, the Bandra Police registered a case and arrested Delhi-based Aryan Deepak Jain in connection with the matter. However, a Mumbai court has now ordered his release, rejecting the police's request for three days' custody due to lapses in procedure during his arrest.

Sonakshi Sinha case: Man arrested over morphed nude photos released as court flags BNSS violations.

Aryan was arrested around 10:11 AM from the Jagatpuri Police Station area in Delhi's Shahdara and brought to Mumbai by flight. The Bandra Police subsequently produced him before a magistrate, seeking his custody to trace the electronic device allegedly used to create and circulate the morphed photographs. The court, however, questioned the police for bringing him directly from Delhi without first producing him before the nearest magistrate there.

Court questions procedure followed by police

According to an India Today report, the magistrate questioned why Aryan Deepak Jain had been brought straight from Delhi to Mumbai without first being presented before the nearest magistrate in Delhi. The court noted that the police had not followed the required legal process and had failed to offer a satisfactory reason for the lapse.

His lawyers, Aman Shahi, Prashant Trivedi and Aditya Jain, also questioned the legality of his arrest. They told the court that the police had neither served him with the mandatory notice nor informed him of the reasons for his detention. The defence also raised questions over the haste with which the arrest was carried out, arguing that the complainant's influential position may have influenced the police action. They maintained that Aryan had not committed any offence and that the legal provisions invoked against him were not applicable.

Magistrate points to BNSS violations

The magistrate also questioned whether the police had followed the arrest guidelines laid down under the Bharatiya Nagarik Suraksha Sanhita (BNSS). Since the alleged offences carry a maximum jail term of seven years, the investigating officer was required to record why his arrest was necessary, as mandated under Section 35(1)(b) of the BNSS.

The court further pointed out that the need to investigate the matter was not, by itself, sufficient to justify taking Aryan into custody without following the prescribed legal procedure. "The mere requirement of further investigation cannot, by itself, justify arrest and detention without following the statutory safeguards," the court observed.

Case remains under investigation

The magistrate turned down the police's request for three days' custody and ordered Aryan's release due to procedural lapses in his arrest. However, the case is far from over, with the Bandra Police continuing their investigation into Sonakshi's complaint.