Allahabad High Court orders IO to remain in court custody for negligence in not seizing POCSO accused's phone

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Published 26 October 2026

Bottom Line Up Front (BLUF)

The Allahabad High Court, while hearing a bail application under the BNS, POCSO Act, and Prohibition of Unlawful Conversion of Religion Act, ordered the Investigating Officer to remain in court custody until 4 PM and imposed a ₹5,000 cost for negligence in not seizing the accused's phone.

Ratio Decidendi · Legal Principle Established

The court can impose costs and order an Investigating Officer to remain in court custody for negligence in performing their duties, specifically for failing to seize crucial evidence like a mobile phone in a case involving serious offences.

Practice & Procedural Impact for Advocates

Advocates should ensure that all relevant evidence, especially digital evidence like mobile phones, is properly seized and documented by the Investigating Officer. Litigants and counsel can highlight lapses in investigation to the court, which may result in adverse orders against negligent officers.

Key Legal Takeaways

1Investigating Officers must diligently seize all relevant evidence, including mobile phones, in criminal cases.
2Courts can take strict action, including imposing costs and ordering custody, against negligent Investigating Officers.
3Failure to seize crucial evidence can be a significant lapse in investigation.

The Legal Issue The Allahabad High Court was hearing a bail application filed by an accused facing charges under the Bharatiya Nyaya Sanhita (BNS), the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. During the proceedings, the court noted a significant lapse in the investigation: the Investigating Officer (IO) had failed to seize the mobile phone of the accused, which could be crucial evidence in the case.

Court's Reasoning The court found the Investigating Officer's failure to seize the accused's mobile phone to be an act of negligence. The mobile phone is often a critical piece of evidence in modern criminal investigations, particularly in cases involving offences like those under the POCSO Act, where digital communication or media might be relevant. The court's decision to impose a cost and order the IO to remain in court custody reflects its disapproval of such investigative lapses and its intent to ensure thorough and diligent investigation by law enforcement agencies.

What Follows The Allahabad High Court directed the Investigating Officer to remain in court custody until 4 PM on the day of the hearing. Additionally, the court imposed a cost of ₹5,000 on the IO for the negligence demonstrated. This action serves as a directive to the police force regarding the importance of meticulous evidence collection in criminal investigations.