A Shillong court that granted bail to Sonam Raghuvanshi – the main accused of killing her husband during their honeymoon trip last year – criticized the prosecution for trying to defend a key procedural error as a “clerical error” in a detailed order issued on Wednesday.
This error involved the prosecution citing the wrong section – Section 403 instead of 103(1) of the Bharatiya Nyaya Sanhita – and became the reason why the 25-year-old was released on bail on Tuesday, despite the nature of the crime.
Her bail application has been rejected three times in the past. She had been detained for 10 months and was released from prison on Wednesday.
In a strongly worded judgment, the Additional Deputy Commissioner (Judicial), East Khasi Hills, stated that the “advertisement of reasons for arrest” given to the accused was fundamentally flawed. The court observed that “a bare view… indicates that the petitioner was not informed of the crime u/s 103(1) BNS,” noting that the documents referred to incorrect sections (403 instead of 103) and failed to specify the actual charge of murder.
The BNS Act, which replaced the Indian Penal Code (IPC) on July 1, 2024, does not contain Section 403(1). Under the Islamic Penal Code, Article 403 deals with the crime of dishonestly embezzling property.
The court rejected the prosecution’s claim of a “clerical error” and held that such discrepancies in all documents could not be treated as simple lapses.
“Although it is stated that this is a clerical error, this error cannot occur in all documents,” the order said. She noted that across numerous official records, including the arrest warrant, search warrant and excerpts from case diaries, the same incorrect sections were repeatedly used.
The court also noted that none of the checkboxes indicating the accusations against Sonam were checked.
More importantly, the court ruled that failure to clearly communicate the reasons for arrest deprives the accused of her right to defend herself, thus violating Article 22(1) of the Constitution. “Adequate knowledge of the facts constituting the grounds for arrest was not effectively communicated…prejudice has occurred to her in connection with her defence,” the order read.
The court cited Supreme Court rulings and concluded that such a violation invalidates the arrest itself and gives the accused the right to release on bail.
The court approved the bail request on several conditions, including that the accused should not flee, tamper with evidence, or influence witnesses. She is required to attend every court hearing, remain within the jurisdiction of the court unless otherwise permitted, and execute a personal bond $50,000 with two guarantees.
Indore-based businessman Raja Raghuvanshi was found dead in a gorge near Wee Sodong Falls in Sohra (Cherrapunji) in June 2025 during his honeymoon. The police claimed that Sonam conspired with her alleged lover and hired killers to carry out the crime.
