The Calcutta High Court recently issued a set of guidelines for police and criminal courts in cases related to cruelty towards wives, particularly under Section 498A of the Indian Penal Code (IPC) and the Dowry Act. These guidelines aim to prevent automatic arrests, ensuring that proper procedures are followed before any detainment occurs.
In a notification dated August 23, the court mandated that no one should be “automatically” arrested simply because a case under Section 498A has been registered. This directive follows the Supreme Court’s judgment from July 31, which instructed all High Courts to formalize the directions outlined in the Arnesh Kumar case, ensuring compliance by lower courts and police officers.
The Supreme Court had previously highlighted the need for a more cautious approach in cases under Section 498A, urging the police to satisfy themselves about the necessity of an arrest as per the criteria under Section 41 of the Criminal Procedure Code (CrPC).
According to the guidelines issued by the Calcutta High Court, all state police officers must follow a checklist based on Section 41(1)(b)(ii) CrPC, which outlines the procedure for arresting an individual. Police officers must fill out this checklist, detailing the reasons and evidence that justify the arrest, and submit it to the Magistrate when presenting the accused for further detention.
If the police decide not to arrest the accused, they are required to forward the reasons for this decision to the Magistrate within two weeks from the case’s initiation. This timeframe can be extended by the district’s Superintendent of Police, provided valid reasons are recorded in writing.
The court emphasized that failure to follow these guidelines will result in disciplinary action against the police officers involved, and they may also face contempt of court charges. Similarly, Magistrates authorizing detention without properly recording reasons will also face action.
These guidelines will apply not only to cases under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act but also to other cases where the offense is punishable with imprisonment of up to seven years, whether with or without a fine.
The High Court’s directives aim to safeguard against misuse of the law and ensure arrests are made only when absolutely necessary, balancing the protection of women with the rights of the accused.
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