Woman Advocate Approaches Supreme Court Alleging 14 Hour Illegal Detention & Custodial Sexual Assault By Noida Police

The Supreme Court today issued notice to the Centre on a writ petition filed by a woman advocate alleging that she was illegally detained for fourteen hours overnight at a police station in Noida and subjected to custodial sexual assault, torture and coercion by police officials while discharging her professional duties.

A bench of Justice Vikram Nath and Justice NV Anjaria issued notice returnable on January 7, 2026 on the plea alleging violation of fundamental rights of the petition under Articles 14, 19(1)(g), 21 and 22 of the Constitution.

 "The Petitioner, a practicing female Advocate, was subjected to a sustained period of 14 hours of illegal detention, custodial sexual assault, torture, and coercion by uniformed police personnel at P.S. Noida Sector 126, U.P, commencing late on the night of 03.12.2025 while she was levying her professional duty towards her client”, the plea states.

The petition, filed though Advocate on Record Anilendra Pandey, states that the petitioner is a practising advocate enrolled with the Shahdara Bar Association, Delhi. The petitioner has alleged that the incident took place on the night of December 3, when she reached Police Station Noida Sector 126 in her professional attire to assist her client, who had suffered serious head injuries and was seeking registration of an FIR.

The petition states that the police refused to register the FIR despite the injuries being supported by a medico-legal certificate. Further, the persons working for ABP News against which the petitioner's client sought to register the FIR and their advocate were accorded “great respect” by the SHO/ACP, confirming the collusion and illegal arrangement, the plea alleges.

The petitioner has alleged that she was unlawfully detained from around 12.30 am on December 4 till about 2.00 pm the same day without any arrest memo, judicial authorisation or compliance with mandatory safeguards under the CrPC. She has contended that her detention violated Section 46(4) CrPC, which prohibits the arrest of a woman at night without prior permission of a magistrate, as well as the guidelines laid down in DK Basu v. State of West Bengal and Sheela Barse v. State of Maharashtra.

The petition further alleges that during this period of illegal custody, male police personnel subjected her to physical manhandling, sexual assault, attempts to disrobe, sexually coloured remarks and threats, constituting offences of outraging modesty and assault with intent to disrobe under Sections 74 and 76 of the Bharatiya Nyaya Sanhita.

She has also alleged that a government pistol was placed on her neck and that she was threatened with death and a fake encounter if she did not comply with police demands. The petition claims that the petitioner was denied food, water, legal assistance and access to her family throughout the period of detention.

The petitioner has also alleged that under coercion, police officials forced her to disclose her mobile phone passwords and deleted videos and other digital evidence from her device and her client's device. It is further alleged that CCTV cameras at the police station were disabled or removed, in violation of the directions issued by the Supreme Court in Paramvir Singh Saini v. Baljit Singh regarding CCTV installation and preservation in police stations.

After her release, the petition states, the petitioner made complaints to senior police authorities and the National Human Rights Commission. The NHRC registered her complaint under the category of custodial violence by police, no FIR has been registered and that the concerned police officers continue to threaten her with false cases, the plea alleges.

The plea states that this incident highlights the necessity of nationwide guidelines on safety of women advocates.

“The systematic nature of the violation against a female Advocate, coupled with the NHRC classifying the incident as “CUSTODIAL VIOLENCE(Police)” (Annexure P-B), demonstrates an institutional failure that necessitates the issuance of national, preventative, systemic guidelines by this Hon'ble Court under Article 32, constituting law under Article 141, to prevent such recurrence and secure the dignity and safety of all women Advocates nationally”, the plea states.

The plea seeks directions for registration of an FIR against the police officials involved, transfer of the investigation to an independent agency such as a Special Investigation Team or the CBI, initiation of disciplinary proceedings against the erring officers, and protection to the petitioner.

Case no. – W.P.(Crl.) No. 529/2025

Case Title – X v. Union of India