03 July 2014

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Historical Judgement No Instant Arrest in 498-A anti dowry law Misused

Supreme Court -Historical Judgement No Instant Arrest in 498-A anti dowry law Misused

Supreme Court of India on Wednesday gave a historical judgement regarding complaints filed under Section 498A of the Indian Penal Code.

Supreme Court directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code".

The Supreme Court judges said that if police arrested the accused, the magistrate should weigh the preliminary evidence against the Section 41 checklist before allowing further detention.

"The magistrate, while authorizing detention of the accused shall peruse the report furnished by the police officer in terms of Section 41 and only after recording its satisfaction, the magistrate will authorize detention,"

It also said that this check-list for arrest and detention would apply to all offences, which are punished with a prison term less than 7 years.

"The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested,"

The rate of charge-sheeting in cases under Section 498A is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads.

Describing arrest as a humiliating experience apart from curtailing the freedom, the bench said police have not shed their colonial hangover despite six decades of independence and were still considered "as a tool of harassment, oppression, and surely not considered a friend of public".

Section 498- A –

Section 498A in the Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Section 41 CRPC –
41. When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person:-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) Who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c) Who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) In whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) Who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under subsection (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of person specified in section 109 or section 110.

Now question is do you think state governments will follow this order?

Do you think Police Department will follow this order?

What happened to Police Reforms Order?

Reality views by sm –

Thursday, July 03, 2014

Tags – Section 498 A SC Judgement No Arrest


Renu July 03, 2014  

very good judgement..women are using this law not as a shield to protect them but as a weapon against inlaws..

lina@a happy family July 03, 2014  

It's still hard for me to understand law. But based on Renu's comment, it seems the judgement is a breakthrough.

Destination Infinity July 03, 2014  

Very good judgement. This law is an ancient law which was never upgraded with times. I know certain people who were threatened by this law, and I guess others may also be going through the same. This law not only affects the man, but also women associated with men (mother, relatives, etc.)

If a marriage has to be kept together by law, and not trust, it is already dead.

Sandhya July 04, 2014  

I know a family who had used this law in a wrong way. They did it in a haste and now repent. This judgement will help people think twice before taking wrong action.

deeps July 04, 2014  

hopefully that doesnt remain in history

Anonymous,  July 04, 2014  

what is the case name ?

HARISHL July 05, 2014  

my son is Indian air force sukhi30 fighter pilot,and the girl has filed case against us,we got bail from supreme court,against 1000%fictitious case no body bothers about a fighter pilot or his faimily all are worried about the girl who filed false case ,Pura hindustan iin gandi ladkio ke agge koda ho gaya jhuk gaya, jaise ki
inn salo ki bhan ho, -ye to beta hi sarif hai mai hota to ab tak plane hi supreme court mei marta or batata ki ek desh bhagat ko joothe case mi fasane ka kia hota hai
aany way thankyou judge g Thankou

rudraprayaga July 07, 2014  

Not only this, but all the laws are misused by some narrow minded people.If taken in true spirit it is a lesson not a bane for one party and boon for the other.