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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     23 June 2008

BID TO STOP DOWRY LAW MISUSE (u/s 498 A (matrimonial cruelty) & 406 (criminal breach of trust)

Dear All,

The following appreared in a newspaper, as reproduced below.
Please give your Comments & Opinions, on the implications of such orders.

Keep Smiling ... Hemant Agarwal


Published on June 23 2008, Page 3,  Hindustan Times, NewDelhi edition.


TO PREVENT misuse of dowry harassment laws, no arrests will be made without prior investigations, a circular issued by the Commissioner of Police states.

According to the order, only the main accused will be arrested unlike previous instances when even the distant relatives were not spared. Earlier, a mere allegation or the name of a relative lodged in the First Information Report (FIR) by the complainant was enough to arrest the entire family.

The order issued by the Commissioner of Police clearly states that any arrests under sections 498 A (matrimonial cruelty) and 406 (criminal breach of trust) of the Indian Penal Code will be made with prior permission of a Deputy Commissioner of Police (DCP).

"Arrest of the accused should be an exception and not a rule. From the allegations set out in the FIR and other subsequent allegations or material collected during investigation, if necessary only the prime/main accused, whose primary role in commission of the offence has been established, should be arrested, and that too after the prior written approval of the DCP," the order issued by Y.S. Dadwal, Commissioner of Police, reads.

Social activist Ranjana Kumari said, "Earlier the police either registered an FIR or arrested everyone named in the FIR. The new guidelines have ensured that all the complaints are registered and the ones found guilty in the due course of investigations are arrested. Violence perpetrated on a woman would be proved anyway during the investigations."

According to a survey conducted by the USAID and Centre for Social Research, it was found that six per cent of the complaints are aimed to settle scores and get even with in-laws.

The order also states a judgment passed by the Delhi High Court in 2003. The Court observed that Sections 498A/406 of the IPC which are "much abused provisions and exploited by the police and the victims to the level of absurdity….every relative of the husband, close or distant, old or minor is arrested by the police. Unless the allegations are very serious in nature and highest magnitude, arrest should be avoided".

Last year, of over 4,400 distress calls received by women, about 24.3 per cent calls were related to domestic violence.

"The new guidelines have definitely ensured better monitoring. The supervision is also accurate. We now ensure that any arrest under Sections 498A/406 is not made without any evidence. This measure has proved to be a deterrent in arresting innocent people. Mere naming anyone in the FIR is not sufficient to arrest anyone. We have also seen a fall in the number of frivo- lous complaints after that," said a senior police officer.

FOLLOWING COMPLAINTS about misuse of dowry laws by women, the Centre has decided to look into the is- sue. It will hold a consultation pro- gramme to get views and suggestions from NGOs and activists working for men. Acting on complaints, the Union Ministry for Women and Child Development has decided to organise a consultation programme where men from different walks of life would be invited to express themselves on June 25.

"The ministry has received complaints from men about the urgent need to amend Section 498(A) of the dowry law claiming that many women misuse the law to their benefit. After the consultation, the Min- istry will examine how far this claim is right before deciding on any thing," Union Minister for Women and Child Development Renuka Chowdhary said.



 7 Replies

Rajesh Kumar (Advocate)     23 June 2008

It is shameful that in our country governed by "Rule of Law", husbands are being protected by Executive Orders. It appears that there is no legal protections for men in this country.

J. P. Shah (RTI & CONSUMER ACTIVIST)     23 June 2008

Thanks for sharing info. Let us find out basis of executive order. There must be substance based on which this order is issued.

aatma   13 July 2008

Another order from Madras HC. 

Don't misuse Dowry Act, HC tells cops

Inhuman Attitude Of Policewomen Closing Doors On Reconciliation:


A Subramani | TNN

Chennai: "Marriages are made in heaven, but many marital ties are

broken in All Women Police Stations (AWPS)... The Dowry Prohibition

Act is the most misused enactment...These police stations in the

state have almost become power centres where the women police

officers, while dealing with delicate issues of family disputes

between husband and wife, instead of making efforts for reunion or

conciliation, focus to complicate and precipitate the issue so that

ultimately they could derive the gain and benefit."

This is what a single judge of the Madras High Court had to

comment on the functioning of All Woman Police Stations, manned

entirely by women.

Justice R Regupathi, making 11 suggestions (see box) for

streamlining work culture in these stations, also observed that

because of their "inhuman attitude" doors of conciliation are shut


Justice Regupathi also stated that in order to retain jurisdiction

over the case, these women personnel would include allegations

attracting the provisions of the Indian Penal Code (IPC) "with

ulterior motive." He said aged parents, unmarried sisters and even

children were ruthlessly harassed by the AWPS personnel who arrested

these people with ulterior motive. "Arrests are invariably plotted at

the weekends, particularly on Fridays, so that they cannot even apply

for bail for the next two days," he said.

The judge was making these observations on a criminal original

petition filed by a person who was brutally assaulted by women police

personnel at Chintadripet police station here.Justice Regupathi also

cautioned that unnecessary arrests, where all the family members are

dragged to police stations and subjected to "ignominy and disgrace,"

would defeat the very purpose of the Dowry Prohibition

Act, "rendering re-union a mirage." He said police were expected to

handle family disputes with "utmost tenderness, care and caution."

In his 11-point charter of suggestions, the judge said station

house officers of AWPS should register first information reports

(FIRs) only after approval from duly appointed dowry prohibition

officers, except in cases of dowry death/suicide. In matrimonial

disputes, arrest of the aged, infirm, sick or minors should be


If any arrest was considered necessary for investigation, written

sanction must be obtained from the Superintendent of Police. The

judge said chargesheet must be filed within 30 days from the date of

registration of FIR and further extension of time could be obtained

from the competent magistrate by indicating the reasons.

No weapon, including lathis orphysical force, should be used while

dealing with such cases, Justice Regupathi said, adding that sridhana

properties/movables or immovable assets must be restored at the

earliest to the victim/complainant. "A different uniform, other than

the regular one, may be recommended for these police officers," the

judge suggested. If necessary, victims/complainants should be

provided with adequate security/accommodation at government home and

the interests of the children too should be taken care of, he said.

Police department should arrange education programmes for these

police officers through the Police Training College to teach the

objects of the legislation, judicial pronouncements and development

of the law, Justice Regupathi stipulated. He then directed the

Director-General of Police to issue suitable orders to the officers

of the All Women Police Stations in view of the latest order, and

file a compliance report before the court within a month. He then

adjourned the matter to August 4, for further proceedings.


Register FIR after approval from dowry prohibition officers

Make arrests only after sanction from SP

Avoid arrest of aged, sick and minors

Social workers must be present in AWPS

No weapon or physical force in AWPS

A different uniform for AWPS personnel

File chargesheet in 30 days Send victims to govt home, if necessary

Restore sridhana property to the victim

Education programme for AWPS personnel

Make arrests even after chargesheet in case of noncoop


shaadi (engg)     04 September 2008

Hi, I am agree with you what about you say. Bengali matrimonial

Narayanan. R (Advocate)     04 September 2008

thats right.  the observation of Justice RRegupathi J is very useful for the citizens who vicimized by that enactment.  the community should be thankful to the Hon'ble Court which again proves its soverignity

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 September 2008

Chief Justice do not matters does not matter

I feel like laughing at your answer.

haa ... haa...haaa....heee...heeee....heeee....heee...hee...heee...hee 

Keep Smiling ...HemantAgarwal

jmale (sdsd)     07 March 2010

Sathyama Jayathe ! Innocents will never face any issues. Our great law will protect us. Mera Bharat Mahan !

Having said this (lol .. lmao)

My advice: get a gun / cynide and use it against all their family members not just your better half :).

Take care of evidence:
Phone( simcards registered in dead people's name - destroy sim card after job + even the mobile (because even IMEI no can be tracked) ), if you are using hitmen get them from outside town( north get south south get north),do not show face , get small number of people .. 2 maximum (large groups r not effective)
if you have enough cash pay police and get the job done by them (yep .. :) ), if you are such a cash cow, then do one thing .. get arrested n go to jail and do all the above and below mentioned points from there, after mission is executed + 2 weeks come out n go to a long picnic not with parents (let your parents go alone)

its better to face a murder charges in court than 498a

i will explain how: court is full of corrupt people .. after the murder .. you will be in jail (if chargesheeted - if you dont cover your tracks - if you dont get AB (its easy to get for murder than in 498a :) )) for some time .. if you are such a nut that you have not taken care of above, i suggest surrender in court with media - cry and say that you are being framed and get bail - enquire about the judge and APP - bail will be easy -  then pay some bribe to Additional PP .. he will not oppose bail . once you are out of bail .. then its very easy .. to break the case ..

in jail - eat special food (you have to pay), there will be god fathers - be friendly - but dont be a jerk and start showing off - like dont tell everyone you are Sun tuzu - keep mouth shut and cry (good for your eyes) , stay in addmision ward (not with criminal - there will be brokers - mostly the doctors - they will ask 5000 you say ok - pay in instalments), dont fight with anyone, if your jail has games like carrom play it, listen to other's stories and develop your knowledge - question how they could have escaped, dont do manual job in Jail (even if police hits you - earn respect), speak in english to jail supernindent, and do excercise ( join the long timers - foreign nationals for drugs - they will teach you new techniques in excercising)
- dont drink in jail - sleep properly - smile and be merry - but if attacked (not threatened, but attacked) break the opposite guys head (he should not die though :) ) - you can get hospital for this :) .. - study - think of big thing, real big things, you will be surprised how Jail can teach you - yours is a petty case - but you are in a place better than 1000... IIT/IIMs puttogether - make best use of it .. like I went to the meditation hall too :) !! and argued the concepts the teachers told us in english ; the astronishment of other undertrails was so much - i earned respect - I have been to many countries - seen many great things .. but let me tell you mate, nothing like Jail .. I love Jail :) !! ..

God has choosen you to undergo this training (not punishment) for some purpose - search that purpose.

there are many ways to get out of jail .. medical (giving money to jail people - they will take you to hospital - where you can eat sleep study etc - dont flirt with the nurses .. remember dog :) .. they are there for service not for fun .. they are not 498a wifes )
consult a advocate before and after you do the thing .. and be carefull with the advocate .. he should not blackmail you .. plan everything ..

this route:

no need of divorce - no need to fear or running behind dogs -You dont have to waster n years, get into depression or watch your parents age out and die ..

and during murder case,its you vs police( who dont really care after chargesheet and who are overloaded represented by the Additional PP who is generally corrupt to the core) .. but during 498a its you vs pack of real big dirty dogs( represented by efficient lawyer who will take money from both sides)

P/s: my advice is not logically arranged, not properly worded, i just wrote what came to my mind, hey you are free to ignore it - you have n number of dear advocate friends to advice you -follow them - iam not pro/against anyone advice - i wont debate if anyone contradicts me (no time :( ) !! - Just remember (convict) Rathore is f***king abha rathore in AC room, while you are reading this :) !!

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