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Dv and 498a arrests

Dear Friends,

Recently, there is a news regarding 498a Arrests; arrest should be made only upon inquiry and it should be ordered by magistrate.

But there is another way abusive woman can approach police station, that is with Domestic Violence, but is this the same case with DV as well as it is with 498a.

If in the DV case, if police personnel has complete authority to arrest without prior notice, then what is the use of order passed by supreme court in regards to 498a arrests.

Please bear my innocence in asking this question. Though I am student of law, I am not that knowledgeable.

Thanks in advance.

Sharath

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1 Replies

Tajobsindia (Senior Partner ) 01 August 2014

Under DV Act if a respondent husband does not follow Protection Order then under specific relief Application of wife, she seeks remedy of arrest and not the way you are asking that also after several lapse of opportunities given to respondent husband to comply the same Penal provisions are applied via Police.

Reference Hon'ble SC Judgment is correct so far as arrests under S. 498a IPC goes and should not be mixed-up with DV Act.