No Automatic Arrest 41a notice by police (9873540498) Men Cell
Complaint 351389 Details

No Automatic Arrest 41a notice by police (9873540498) Men Cell

Supreme court has been giving judgments on misuse of IPC 498a for many number of years, and they had even asked the law ministry to consider amending it. Many states have police circulars already on doing investigation or taking permission of higher police like DCP before arresting under 498a, but there is no guarantee that these rules are followed. The advisory/letter/circular issued by home ministry in government of India is given here.
https://drive.google.com/file/d/0B4wxtPJQfolRZGZ5YmhHMzBRdjg/view?usp=sharing

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According to latest on the ground information, Punjab police has refused to arrest in a 498a case filed in Jun 2014 citing this SC judgment. Which means that threat of contempt of court and departmental action has got some sense into police that they have to follow CrPC 41 and 41a and not merely act like zombies and arrest everyone and their dog upon filing 498a complaint. People are advised to file contempt of court in High court against police if they arrest you without following CrPC 41 and 41a guidelines. If your advocate doesn’t want to do it, find someone who can.

The apex court said the attitude to arrest first and then proceed with the rest is “despicable” which must be curbed and directed all state governments to ensure that police do not resort to arresting in all offences punishable up to seven- year jail term including dowry harassment cases.
“We direct all the state governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC (dowry harassment) is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41 CrPC,” a bench headed by Justice C K Prasad said.

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man cell delhi is available 24 hours at our permanent email id aturchatur(at)yahoo(dot)com

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“No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation,” the bench said.
Referring to crime statistics, the apex court said 1,97,762 persons were arrested in 2012 for offence under Section 498-A and nearly a quarter of those arrested under this provision were women depicting that mothers and sisters of the husbands were liberally included in their arrest net.
“Its share is 6 per cent out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5 per cent of total crimes committed under different sections of penal code, more than any other crimes except theft and hurt,” it said.
It said the rate of charge-sheeting in cases is as high as 93.6 per cent, while the conviction rate is only 15 per cent, which is lowest across all heads and as many as 3,72,706 cases are pending at trial stage.

If any help needed then please contact:-

man cell delhi is available 24 hours at our permanent email id aturchatur(at)yahoo(dot)com

mobile :- +91-9873540498
email:- [email protected]
web:- http://noautomaticarrestinmatrimonialcases.blogspot.in/