Sc Directs Police To Stop Arresting Accused In Anti-Dowry Cases

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https://www.youtube.com/watch?v=z5BeLRgrOIk

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The Supreme Court has expressed concern over the misuse of anti-dowry provisions in Cr.P.C by some disgruntled wives. A bench led by Justice CK Prasad has said a course correction is necessary in dealing with the cases under anti-dowry laws. The Court directed the Delhi police to abandon their policy of arrest first and then proceed with the rest of procedures. The court ruled that there cannot be automatic arrests is Section 498A cases. The court said the police must give reasons for the arrest, which will then be judicially examined. All police officers must furnish evidence before the magistrate necessitating the arrest.

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Anti-Dowry Law Misused by 'Disgruntled Wives': Supreme Court

 

The Supreme Court today expressed concern over the misuse of a law meant to target those guilty of dowry harassment and said people accused in such cases cannot be automatically arrested.

"The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In quite a number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested," said the court.

The Supreme Court condemned the police's tendency to arrest the accused first and then proceed with the case -- terming it "despicable". The court also directed state governments to ensure that police do not automatically arrest the accused in such cases.

In case an accused is arrested, a police officer will have to provide reasons  justifying the arrest before a magistrate, a bench headed by Justice C K Prasad said.

The court advised against arrests made "on the mere allegation of commission of an offence made against a person" and said, "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." 

If convicted under Section 498-A of the Indian Penal Code (IPC), a person can be imprisoned for up to seven years.