Allahabad High Court Slams Muzaffarnagar Police: “Possession Applies to Property, Not Human Beings

Prayagraj, December 2, 2025:
The Allahabad High Court has strongly criticized the Muzaffarnagar Police for using the term “possession” while referring to the custody of a young woman, observing that such terminology is applicable only to movable or immovable property, not human beings.

The court was hearing a habeas corpus petition filed by a young woman from Muzaffarnagar. During the proceedings, the bench noted that the police, in their memo, recorded that the woman had been taken into “possession.” The court termed this usage as highly inappropriate, expressing deep concern over the police’s understanding of legal terminology.

Adult Woman Free to Choose Where and With Whom to Live

The bench emphasized that the petitioner is an adult who has clearly stated that she wishes to live with her partner and not with her parents.
“As an adult, she is fully entitled to reside wherever she wishes and with whomever she chooses,” the court observed.

The High Court reprimanded the police for failing to differentiate between the concepts of custody and possession, stating that the terminology used by the police reflects a serious lapse in understanding basic legal principles.

Background of the Case

According to the petitioners, the couple had entered into a love marriage and tied the knot in Delhi on January 29, 2024.
Earlier, in 2023, the woman’s father had lodged a kidnapping FIR. Later, on June 29, 2025, he registered another FIR at New Mandi Police Station, Muzaffarnagar, under Sections 137(2), 352, 351(3), and 61(2) of the Bharatiya Nyaya Sanhita (BNS), alleging that his minor daughter had been lured away by her husband and others.

The petitioners approached the High Court, which on August 13, 2025, granted them protection and stayed their arrest.

Despite being informed of the stay order, the investigating officer took the woman into custody on September 8, 2025, an action the court found illegal and unacceptable.

Court Questions Police Functioning

The High Court remarked that the police must be aware of correct legal terminology and must respect constitutional rights.
“Using the word ‘possession’ for a human being reflects a mindset that treats individuals as objects,” the court said.

The court’s observations have once again raised questions over the functioning and sensitivity of the police force in handling cases related to personal liberty and adult consent.