Calcutta High Court Issues Guidelines for Arrests in Section 498A Cases
The Calcutta High Court has issued new guidelines for arrests in cases related to cruelty against wives under Section 498A of the Indian Penal Code (IPC) and the Dowry Prohibition Act. The court has directed that arrests should not be automatic just because a case has been filed.
No Automatic Arrests in 498A Cases
In a notification issued on August 23, the High Court stated that police officers must ensure that arrests are made only when necessary, following the conditions outlined in Section 41 of the Criminal Procedure Code (CrPC).
These directions follow a Supreme Court order dated July 31, which instructed all High Courts to turn previous guidelines from the Arnesh Kumar judgment into formal notifications.
The Supreme Court ordered all state police departments to strictly follow these rules to prevent misuse of Section 498A.
New Procedures for Arrests
The notification lays out the following key rules:
- Checklist for Police Officers:
- Every police officer must have a checklist based on Section 41(1)(b)(ii) CrPC.
- The officer must fill out the checklist and record the reasons and evidence before making an arrest.
- Approval Before Arrest:
- If the police decide not to arrest an accused person, they must inform the Magistrate within two weeks of the case being filed.
- This deadline can be extended by the Superintendent of Police (SP) if reasons are recorded in writing.
- Notice of Appearance:
- As per Section 41A CrPC, a notice must be sent to the accused within two weeks of the case being filed.
- This period can also be extended by the SP with a written explanation.
- Consequences for Non-Compliance:
- Police officers who fail to follow these rules may face disciplinary action.
- They can also be punished for contempt of court if they violate the guidelines.
- Magistrates who approve detention without proper reasons will also face action.
Applicability of the Guidelines
The High Court clarified that these rules apply not just to Section 498A IPC and Section 4 of the Dowry Prohibition Act, but also to all cases where the punishment is seven years or less.
These guidelines aim to prevent wrongful arrests while ensuring that genuine cases of cruelty against women are properly investigated.
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