SC: No Automatic Arrest under Section 498A of IPC

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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