Section 87 BNSS | Allahabad HC Directs Police Protection for Married Couple Pending Investigation, Bars Coercive Action : Allahabad HC

The Allahabad High Court, in a recent order, balanced the protection of life and liberty with the demands of criminal investigation, directing a married couple to cooperate with police while ensuring no coercive action is taken against them. This judgment underscores the court's role in safeguarding fundamental rights even as it mandates compliance with legal procedures, offering critical guidance for similar cases involving matrimonial disputes and criminal complaints.

Background & Facts

The Dispute

The petitioners, Preeti Devi and another, approached the Allahabad High Court seeking protection of their life and liberty under a writ of mandamus. They alleged harassment and threats from the opposite parties, particularly Opposite Party No. 4, who had lodged a criminal complaint against them. The petitioners claimed they were unaware of the First Information Report (FIR) filed against them until the proceedings before the High Court.

Key Facts

• The petitioners were married in Arya Samaj Mandir on 25.05.2026, and a marriage certificate was issued (Annexure No. 3 to the writ petition)
• An FIR was lodged on 28.05.2026 under Section 87 of the Bharatiya Nyaya Sanhita (B.N.S.S.), bearing Case Crime No. 156 of 2026 at Police Station Sadarpur, District Sitapur
• The petitioners were unaware of the FIR until the hearing before the High Court
• The petitioners sought protection from harassment and interference in their peaceful life
• The petitioners also sought directions to Opposite Parties No. 2 and 3 to refrain from taking any action against them based on the false complaint of Opposite Party No. 4

Procedural History

• 25.05.2026: Petitioners got married in Arya Samaj Mandir
• 28.05.2026: FIR lodged under Section 87 B.N.S.S. against Opposite Party No. 2
• Date not specified: Writ Petition (Criminal Misc. Writ Petition No. 5417 of 2026) filed before the Allahabad High Court
• 05.06.2026: High Court disposed of the writ petition with directions

The Parties' Positions

For the Petitioners:

• Argued that they were unaware of the FIR lodged against them
• Submitted that they were legally married and living together as husband and wife
• Sought protection from harassment and threats, and directions to prevent any action based on the false complaint

For the Respondents:

• The learned Additional Government Advocate (AGA) informed the court about the FIR lodged under Section 87 B.N.S.S.
• Opposite Party No. 4 was represented by counsel, but no specific counter-arguments were recorded in the judgment

Relief Sought

The petitioners sought the following reliefs:

1. A writ of mandamus directing Opposite Parties No. 2 and 3 to protect their life and liberty and refrain from harassing or threatening them
2. A writ of mandamus directing Opposite Parties No. 2 and 3 not to take any action against them based on the false complaint of Opposite Party No. 4

The Legal Issue

The central legal question before the court was whether the petitioners, who claimed to be unaware of an FIR lodged against them, were entitled to protection of their life and liberty under a writ of mandamus while ensuring their cooperation in the criminal investigation.

Arguments Presented

For the Petitioners

• The petitioners' counsel argued that the petitioners were unaware of the FIR lodged against them
• They submitted that the petitioners were legally married and living together, and thus entitled to protection from harassment
• The counsel sought directions to prevent any coercive action based on the complaint

For the Respondent/State

• The learned AGA informed the court about the FIR lodged under Section 87 B.N.S.S. but did not oppose the petitioners' request for protection
• The State emphasized the need for the petitioners to cooperate in the investigation

The Court's Analysis

The High Court, while disposing of the writ petition at the admission stage, balanced the petitioners' right to protection with the necessity of a fair investigation. The court noted that the FIR had not been assailed by the petitioners, indicating that the allegations therein required scrutiny. However, the court also recognized the petitioners' right to live peacefully and without harassment.

The court directed the petitioners to appear before the Investigating Officer on 11.06.2026 to record their statements. If necessary, the statement of the prosecutrix would be recorded under Section 183 B.N.S.S., with arrangements to be made by the Investigating Officer. The court explicitly barred any coercive steps against the petitioners and prohibited any hindrance to their peaceful life.

Additionally, the court directed the petitioners to register their marriage before the marriage registering authority within a month, ensuring legal recognition of their union.

"Petitioners shall appear before the Investigating Officer on 11.06.2026 to record their statements. If need be, the statement of prosecutrix would be recorded under Section 183 B.NS.S., for which, arrangements shall be done by the Investigating Officer."

"However, no coercive steps shall be taken against the petitioner and no one would be permitted to create any hindrance in the peaceful life of the petitioners."

The Verdict

The Allahabad High Court disposed of the writ petition with the following directions:

1. The petitioners were directed to appear before the Investigating Officer on 11.06.2026 to record their statements
2. No coercive steps would be taken against the petitioners, and no hindrance would be permitted in their peaceful life
3. The petitioners were directed to register their marriage before the marriage registering authority within one month

The writ petition was disposed of at the admission stage in light of these directions.

What This Means For Similar Cases

Protection of Life and Liberty During Investigation

• Courts may grant protection from coercive action even as they mandate cooperation in criminal investigations, ensuring a balance between fundamental rights and legal procedures
• Practitioners should emphasize the need for protection where harassment or threats are alleged, particularly in matrimonial disputes

Legal Recognition of Marriage

• The judgment underscores the importance of legally registering marriages to avoid disputes over marital status
• Directions to register marriages within a stipulated timeframe may be issued by courts to ensure compliance with legal formalities

Cooperation with Investigation

• Petitioners seeking protection under writ petitions must be prepared to cooperate with investigating authorities, as courts are likely to mandate such cooperation while granting relief
• Failure to cooperate could result in the denial of protection or adverse inferences during trial