Police search of woman’s bedroom violates privacy: Bombay HC
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Mumbai: The Nagpur Bench of the Bombay High Court has ruled that police officers cannot violate legal procedure by barging into a woman's bedroom and seizing her mobile phone in the name of an investigation, holding that such actions amount to an infringement of her privacy and dignity.
The observations came while hearing a petition filed by a 26-year-old woman challenging the conduct of Nagpur Police in connection with an accident case. A division bench of Justices Urmila Joshi and Joshi Phalke held that the woman's fundamental right to privacy, protected under Article 21 of the Constitution as part of the rights to life and personal liberty, had been violated.
The court directed the police personnel who had illegally entered the woman's residence to pay her compensation of Rs 10,000 within two months.
Rejecting the police's contention that the search inside the room was part of the investigation, the bench held that investigating agencies must function strictly within the bounds of law. It further observed that any evidence obtained through unlawful means would not enjoy legal validity.