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Guidelines For Police Officers When Section 498A Is Misused Guidelines For Police Officers When Section 498A Is Misused

Bronze medal Reporter Names Posted 21 May 2020
Guidelines For Police Officers When Section 498A Is Misused

Though Section 498A of the Indian Penal Code was brought about to put a stop to the cruelty meted out to a woman in her marriage by her husband or his relatives . But the section is being misused by women by making false allegations to hurt her husband or his family members .

The Supreme Court in the case :

Arnesh Kumar vs. State of Bihar , (2014) 8 SCC 273

 gave certain guidelines to be followed by police officers before arresting under Section 498A of Indian Penal Code. The guidelines are :

“11.1 All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC  is registered but to satisfy themselves about the necessity  for arrest under the parameters laid down above flowing from Section 41 , Cr. PC;

11.2 All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

11.3 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 ;

11.4 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;

11.5 The decision not to arrest an accused , be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing ;

11.6 Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case , which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing ;

11.7 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 High Court having territorial jurisdiction .

11.8 Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.”  For further details , consult Lawyers in India.

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