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Tajobsindia (Senior Partner )     03 July 2014

Sc says no to automatic arrests under misused anti-dowry law

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;


4.
The Magistrate while authorising detention of the accused shall  peruse  the report furnished by the police officer in terms  aforesaid  and  only  after recording its satisfaction, the Magistrate will authorise detention;


5.
The decision not to arrest  an  accused,  be  forwarded  to  the  Magistrate within two weeks from the date of the institution of the case  with  a  copy to the Magistrate which may be extended by the Superintendent of police  of the district for the reasons to be recorded in writing;


6.
Notice of appearance in terms of Section 41A  of  Cr.PC  be  served  on  the accused within two weeks from the date of institution  of  the  case,  which may be extended by the Superintendent of Police  of  the  District  for the reasons to be recorded in writing;


7.
Failure to comply with the directions aforesaid shall apart  from  rendering the police officers concerned liable for  departmental  action,  they  shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.


8.
Authorising  detention  without  recording  reasons  as  aforesaid  by   the judicial Magistrate concerned shall be liable for  departmental  action  by the appropriate High Court.


"We hasten to add that the directions aforesaid shall not only apply  to  the cases under  Section  498-A  of  the I.P.C.  or Section  4  of  the  Dowry Prohibition Act, the case in hand, but also  such  cases  where  offence  is 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.


We direct that a copy of this  judgment  be  forwarded  to  the  Chief Secretaries as also the  Director  Generals of  Police  of  all  the  State Governments and the Union Territories and the Registrar General of  all  the High Courts for onward transmission and ensuring its compliance."

 
PS.: Aab Ache Din Aaa gaya Hain.................


Learning

 8 Replies

Ranee....... (NA)     03 July 2014

Tajob bahut khush hain. Do do bar ek hi post! Admin ne pyar se delete bhi nehi kiya...♣♧♣♧♣★★:-D

Fight for justice (Consultant)     03 July 2014

This is really a good news for all the innocent husband ...thanks for posting...

Shantanu Wavhal (Worker)     03 July 2014

the cops dont fear anybody ...

**Victim** (job)     04 July 2014

Great judgement.

Venki (Fin)     04 July 2014

On one side, SC makes no automatic arrest. On the other side, NCW is getting more power to arrest, summon etc.

**Victim** (job)     04 July 2014

Originally posted by : Venki
On one side, SC makes no automatic arrest. On the other side, NCW is getting more power to arrest, summon etc.

 

Brother very good point raised. I believe this is a proposal let's hope that this doesn't happen. NCW cannot have CRPC powers.

stanley (Freedom)     04 July 2014

Hope so this is followed in spirit . 


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