No arrests can be made under anti-dowry law without investigations

In a landmark judgement, Supreme Court on Wednesday expressed concern over the misuse of IPC Section 498-A and said police cannot arrest the accused without proper investigation.

“The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In quite a number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested,” said the court.

The bench headed by Justice C K Prasad also directed police “not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code”.

The apex court also said that if police made an arrest then the police officer will have to provide reasons behind the detaintion before a magistrate.

“It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation,” the court commented.

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