SC allows immediate arrest in dowry cases based on police report under Section 498A

Team SoOLEGAL 14 Sep 2018 4:00pm

SC allows immediate arrest in dowry cases based on police report under Section 498A

The Supreme Court today modified its earlier directions issued in a dowry harassment case for preventing the misuse of Section 498A of the Indian Penal Code (IPC).

The two-judge bench of the apex court in Rajesh Sharma v. Union of India case, had earlier said that every complaint under Section 498A should be looked into by Family Welfare Committees following which arrests should be made.

Amending the previous judgement in the case, a bench of CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud observed that though they acknowledge that misuse of Section 498A has resulted in social unrest, it’s not for the courts to fill in legislative gaps.

The SC bench further observed that there were inbuilt remedies in Criminal Procedure to watch over misuse of provisions, like Section 41A notice, anticipatory bail etc.

The court then said that there is no need for a family welfare committee to scrutinize complaints, and rather police shall record the reasons for carrying out arrest as well as for not arresting the accused.

Tagged: Section 498A Judgement Modified   Section 498A of Indian Penal Code   IPC   Section 498A   Dowry Cases   Supreme Court of India   CJI Dipak Misra   Justice AM Khanwilkar   Justice DY Chandrachud  
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