Dowry Case No Immediate Arrest SC lays down guidelines

Dowry Case IPC 498A -No Immediate Arrest Supreme Court lays down guidelines
 Case Details –
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1265 OF 2017
[Arising out of Special Leave Petition (Crl.) No.2013 of 2017]
Rajesh Sharma & ors. …Appellants
Versus
State of U.P. & Anr. …Respondents

Indian Penal Code Section 498A was becoming a tool in the hands of the females to harass the husband and his family members with exceptions

Because of this in 2014 Court prohibited automatic arrest cases involving IPC 498A.

Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons of the Act 46 of 1983.

The expression ‘cruelty’ in Section 498A covers conduct which may drive the women to commit suicide or cause grave injury (mental or physical) or danger to life or harassment with a view to
coerce her to meet unlawful demand. It is a matter of serious concern that large number of cases continue to be fled under Section 498A alleging harassment of married women.

Now Supreme Court of India has laid down procedure, guidelines regarding arrest of the family members against whom the complaint was filed.

Supreme Court bench barred the police from making direct arrest and said the involvement of civil society was necessary “to achieve the laudable object of punishing cruelty at the hands of husbands or his relatives against the wife”.
The court, however, put a rider to its restrictions, saying that they were not valid in offences involving tangible physical injury or death.
“It is a matter of serious concern that large number of cases continues to be filed under Section 498A alleging harassment of married women. To remedy the situation, we are of the view that involvement of civil society in the aid of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized,”

Supreme Court also ordered that trial courts must decide bail applications in such cases on the same day as far as possible. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected

In further directions to lower courts, the SC said that accused should be exempted from appearing in person or be allowed to appear via video conferencing as far as that does not adversely affect the progress of the case.

SC also directed that only a designated Investigating Officer of the area shall investigate dowry harassment cases. Such designations must be done within a month, the court said. These officers must be trained, which the court held must be completed within four months.

In cases where accused is residing out of India, impounding of passports or red corner notice should not be a routine, the court said.

In cases where a settlement is reached, it will be open to a district and sessions judge or any other senior judicial officer nominated by him in the district to complete the proceedings including the closing of the criminal case if dispute primarily relates to matrimonial discord. Committee’s functioning may be reviewed once a year

Supreme Court Guidelines –
Supreme Court of India gave following directions: -

i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired
persons/wives of working officers/other citizens who may be found suitable and willing 

(c) The Committee members will not be called as witnesses.

(d) Every complaint under Section 498A received by the police or the Magistrate be
referred to and looked into by such committee. Such committee may have interaction with the
parties personally or by means of telephone or any other mode of communication including
electronic communication.

(e) Report of such committee be given to the Authority by whom the complaint is referred to it
latest within one month from the date of receipt of complaint.

(f) The committee may give its brief report about the factual aspects and its opinion in the matter.

(g) Till report of the committee is received, no arrest should normally be effected

(h) The report may be then considered by the Investigating Officer or the Magistrate on its own
merit.

(i) Members of the committee may be given such basic minimum training as may be considered
necessary by the Legal Services Authority from time to time.

(j) The Members of the committee may be given such honorarium as may be considered viable.

(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered
necessary and proper.

ii) Complaints under Section 498A and other connected offences may be investigated only by a
designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

iv) If a bail application is fled with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the
same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if
maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;

v) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and

vii) Personal appearance of all family members and particularly outstation members may not be
required and the trial court ought to grant exemption from personal appearance or permit
appearance by video conferencing without adversely affecting progress of the trial.

viii) These directions will not apply to the offences involving tangible physical injuries or death.
20. After seeing the working of the above arrangement for six months but latest by March 31, 2018, National Legal Services Authority may give a report about need for any change in above directions or for any further directions. The matter may be listed for consideration by the Court in April 2018.

Its duty of the government of India to make laws and guidelines but Supreme Court of India has to do it. This is not a good sign for Indian Democracy.

Duty of Elected Politicians is to make laws.

It’s the duty of the Court to interpret those laws and see that those laws do not violate Constitution of India or do not curb the fundamental rights of Indian citizens.

Reality views by sm –

Friday, July 28, 2017

Tags – Dowry Case Arrest 498A Penal Code Supreme Court