The police can no longer “automatically” arrest the accused under the “dubious” anti-dowry law, the Supreme Court ruled, expressing concern over the misuse of Section 498A of IPC by disgruntled wives against in-laws and husbands.
Supreme Court in a recent judgment (Arnesh Kumar Vs. State of Bihar & Anr.) has issued strict guidelines to police and magistrate,directing no automatic arrest under Section 498A of IPC.The
important judgment arises from an appeal preferred by an husband who apprehended
his arrest in a case under Section 498 A of the IPC,1860 and Section 4 of the
Dowry Prohibiion Act,1961.
In order to prevent unnecessary arrest, the Court has issued
following directions:
1) All the State Governments to instruct its police
officers not to automatically arrest when a case under Section 498A of the IPC
is registered;
2) All police officers be provided with a check
list containing specified sub clauses under Section 41(1)(b)(ii);
3) The police officer shall forward the check list
duly filed and furnish the reasons and materials which necessitated the
arrest,while forwarding/producing the accused before the Magistrate for further
detention;
4)
The Magistrate while authorizing detention of
the accused shall peruse the report furnished by the police officer in terms
aforesaid and only after recording its satisfaction,the Magistrate will authorize
detention;
5) The decision not to arrest an accused, be
forwarded to the Magistrate within 2 weeks from the date of the institution of
the case with a copy to the Magistrate which may be extended by the Suprintendent
of police of the district for the reasons to be recorded in writing;
6) Notice of appearance in terms of Section 41A of
Cr.PC be served on the accused within 2 weeks from the date of institution of
the case,which may be extended by the S.P. of the District for the reasons to
be recorded in writing;
7) Failure to comply with the directions aforesaid
shall apart from rendering the police officers concerned liable for
departmental action, they shall also be liable to be punished for contempt of
court to be instituted before HC having territorial jurisdiction.
8) We hasten to add that the directions aforesaid
shall not only apply to the cases under Section 498A of IPC or Section 4 of the
Dowry Prohibition Act,the case in hand,but also such cases where offence is
punishable with imprisonment for a term which may be less than 7 yrs or which
may extend to 7 yrs, whether with or without fine.
9) We direct that a copy of this judgment be
forwarded to the Chief Secretaries as also the Director Generals of Police of
all the State Governments and the Union Territories and the Registrar General
of all the High Courts for onward transmission and ensuring its compliance.”
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