The Calcutta High Court has issued clear guidelines for arrests in cases related to cruelty to wife under IPC Section 498A and the Dowry Prohibition Act. These rules aim to prevent automatic arrests just because a complaint is filed.
The circular, issued on August 23, follows a Supreme Court order from July 31, which directed all High Courts to frame the Arnesh Kumar judgment as formal guidelines for police and criminal courts.
According to the guidelines, the State Police must first assess whether arrest is really needed, based on conditions under Section 41 of the Criminal Procedure Code (CrPC). They cannot arrest someone automatically once a 498A case is filed.
The Court also directed that:
- Police officers must use a checklist based on Section 41(1)(b)(ii) CrPC when deciding on arrest.
- This checklist and the reasons for arrest must be submitted to the Magistrate when presenting the accused.
- If the police choose not to arrest, they must inform the Magistrate within two weeks of the case being filed. This time can be extended by the Superintendent of Police, with proper written reasons.
- A notice of appearance under Section 41A CrPC should be served to the accused within two weeks, with extensions allowed only if justified in writing.
The High Court warned that if police fail to follow these rules, they may face departmental action and even contempt of court proceedings.
The same warning applies to Magistrates who authorize arrests without proper written reasons.
Importantly, these rules will not only apply to 498A and Dowry Act cases, but also to any offence punishable by up to seven years in prison, whether or not fines are included.
These new steps are designed to ensure fair treatment of accused persons and prevent misuse of legal provisions in matrimonial disputes.
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