Brother Satya, an arrest in 498a is not in the contempt of the Supreme Court. Why would the Indian judiciary give men such a relief? The SC is asking the police to follow procedure and justify the arrest. Not following procedure during the arrest is in the contempt of Court. Pls read the concerned judgment more carefully and also read the advisory issued by MHA to the state governments. An unscrupulous police officer can easily arrest in 498a by claiming that the accused was becoming a hindrance in the investigation or that the accused was a hindrance to the recovery proceedings of IPC 406 or that the accused was suspiciously trying to avoid law by evading contact with the investigating police officer or that the accused was issuing threats against the complainant wife or........ .
Here r the SC’s guidelines for the IO:
(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;
(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;
Here is Crpc 41(1)(b)(ii):
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—
(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:-
(ii) the police officer is satisfied that such arrest is necessary-
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
(d) 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
(e) 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.