Sentence for 498a arrest

Power to arrest and grounds and reasons for arrest are two different matters enuciated by the Supreme Court in catena of cases.

Law Commission in its 152nd and 154th Report submitted as back in the year 1994. The value of the proportionality permeates the amendment relating to arrest. As the offence with which we are concerned in the present appeal, provides for a maximum punishment of imprisonment which may extend to seven years and fine, Section 41(1)(b), Cr.PC which is relevant for the purpose reads as follows:

“41. When police may arrest without warrant.-(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person –

(a)x x x x x x

(b)against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely :-

(i) x x x x x

(ii) the police officer is satisfied that such arrest is necessary – to prevent such person from committing any further offence; or for proper investigation of the offence; or to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:

Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.

X x x x x x From a plain reading of the aforesaid provision, it is evident that a person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence punishable as aforesaid. Police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts. Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest. In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence. Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses

(a) to (e) of clause (1) of Section 41 of Cr.PC. 

Hi, 

I am an NRI and currently residing out of the courty on a work visa. My ex-wife has put 498 a Section 3&4 FIR on me and my parents. I or my parents never did Dowry Harrassment to her and we are sure her allegations are completely untruthfu. She filed FIR due to the reason since we have not agreed with their expectations of 50Lacs they have demanded through mediator and now she wrote in FIR that she gave us 40Lacs as dowry and 320 grams of Gold - FALSE ALLEGATIONS. 

I given divorce to my ex on the base of Talaq an year ago and also I have been issued a Divorce Certificate by the Local board council and the certificate is attested by Indian Embassy. 

Now police issued an automatic arrest to my Dad and Mum who has been arrested and took them to Police station early moring  before 5am and my parents have now been released with the station bail on the same day in the evening.

Could you please advise what would be the best appropriate steps to take now? We are thinking to make Qash Case in hight court and also file a pitition against Police or Megistrate due to the automatic arrest. Please 

- Awaiting for certified FIR copy from Police.

What is 498a: Misuse of 498a: Dowry law - 498A.org

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

If there had been no offence commiitted, the Police are likely to cose the matter after due investigation.