Allahabad HC: 'Kabza is for Chattel, Not Humans' – Women Custody Rights Under Scrutiny

The Allahabad High Court’s order in Smt. Saniya and Another v. State of U.P. and 3 Others (2025) arose from a habeas corpus petition. The petitioner alleged that a major woman was wrongfully confined and that the police, instead of treating her as a person with rights, recorded her custody as “kabza police.”

The court strongly objected, stating that the term “kabza” is used for chattels and property, not for humans. It directed the immediate release of the woman, emphasizing her right to choose her residence and companion.

This case is a powerful reminder that language matters in law. The court cited no specific statute but relied on constitutional values and the inherent power of the High Court to protect liberty. It also referenced the broader principle from Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (2019) 7 SCC 42 that habeas corpus is an exceptional remedy, but in cases of clear illegal confinement, it must be granted.

Using the term “kabza” for a human being violates fundamental rights enshrined in the Constitution. Article 21 guarantees that no person shall be deprived of personal liberty except according to procedure established by law. Describing custody as “kabza” reduces a person to an object, stripping them of dignity.

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS), several provisions protect against unlawful confinement:

• BNSS Section 58 – Person arrested not to be detained more than 24 hours without Magistrate’s authority.
• BNSS Section 187 – Production before a Magistrate within 24 hours after arrest.
• BNSS Sections 97 & 98 – Search for wrongfully confined person and release by Magistrate.
• BNS Section 127 – Wrongful confinement (punishable with imprisonment up to one year or fine or both).
• BNS Sections 115/118/121 – If force or assault is used during confinement, additional charges apply.

The Supreme Court in Tejaswini Gaud held that habeas corpus is maintainable only where custody is illegal or without lawful authority. Here, the police record of “kabza police” itself indicated illegality.

If you or a family member in Lucknow is told by the UP Police that you are in “kabza police” custody, take these steps immediately:

1. Do not sign any document that says “kabza” or implies possession. You have the right to refuse to sign anything that violates your dignity.
2. Record the exact language used. Note the names, badge numbers, and station of officers. Use your phone to record conversations (if safe).
3. Request to be produced before a Magistrate. Under BNSS Section 187, you must be produced within 24 hours. Demand this right.
4. Contact a criminal lawyer immediately. Call Advocate Onkar Pandey at +91 98392 71553 for urgent assistance. A lawyer can file a habeas corpus petition before the Allahabad High Court Lucknow Bench.
5. File a complaint with the Superintendent of Police or Human Rights Commission. The demeaning language can be grounds for disciplinary action.
6. Seek bail or anticipatory bail if the police attempt to register a case against you. Your lawyer can apply under BNSS Section 482 (anticipatory bail) or Section 484 (bail after arrest) if needed.

Remember: The Allahabad High Court has clearly stated that using “kabza” for a human is unacceptable. This precedent strengthens your case for immediate release and compensation.

When police use language like “kabza” to describe custody, the most powerful remedy is a writ of habeas corpus under Article 226 of the Constitution. This can be filed in the Allahabad High Court Lucknow Bench. The petition must show that the detention is illegal and that the person is being treated as a chattel.

In the Smt. Saniya case, the High Court acted swiftly to order release. Similarly, any woman facing such treatment can approach the court. The timeline for a habeas corpus petition is typically urgent – listing can happen the same day or within 3 days, and disposal in 1-4 hearings if facts are straightforward.

Below is an estimated fee and timeline for filing a habeas corpus petition in Lucknow:

If the police have already registered an FIR or criminal case, your lawyer may also file for quashing of FIR under BNSS Section 528 (inherent powers of High Court). Additionally, if the woman is a minor, provisions of the Juvenile Justice Act and BNS Section 97 (kidnapping) may apply.

Facing police custody that is described as “kabza” is both degrading and illegal. An experienced criminal lawyer in Lucknow can take immediate action to protect your rights. The lawyer will:

• File a habeas corpus petition before the Allahabad High Court Lucknow Bench, citing the Smt. Saniya precedent.
• Demand production before a Magistrate under BNSS Section 187, and ensure the police record is corrected.
• Seek compensation for illegal confinement and violation of dignity.
• Apply for bail or anticipatory bail under BNSS Section 482 or 484 if any criminal case is registered.
• Advise on lodging a complaint with the Uttar Pradesh Human Rights Commission or the Police Complaints Authority.

The High Court’s strong words against using “kabza” give advocates a powerful tool to challenge such police conduct. If you are in Lucknow or anywhere in Uttar Pradesh, do not hesitate to contact Advocate Onkar Pandey for a consultation.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on women’s custody rights and habeas corpus, contact Advocate Onkar Pandey at +91 98392 71553.