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Section 498A: SC Modifies Guidelines, Restores Police's Power To Arrest

ANANYA BHATNAGAR | 0
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| September 14 , 2018 , 18:39 IST

The Supreme Court on Friday modified it’s judgment relating to the safeguards for the prevention of misuse of Section 498A (Dowry) of the Indian Penal Code.

A three-judge bench comprising of Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud was hearing a plea filed by an NGO 'Nyayadhar', an organisation formed by a group of women advocates of Maharashtra's Ahmednagar district, seeking sharpness in section 498A.

The bench restored the power of the police to make an arrest in the cases relating to dowry and cruelty of husband.

In Rajesh Sharma vs. Union of India, it was held that Family Welfare Committees should be constituted at every district by District Legal Services Authority. The complaints of domestic violence under Section 498A IPC were directed to be vetted by the Committee first. It was also held that the police can carry out investigation and arrest only on the basis of report by the Committee.

The three judge bench presided by CJI Dipak Misra struck down the directions issued by the bench of Justice A K Goel and Justice U U Lalit in clause 19(i) of the Rajesh Sharma.

The bench sid, “The core issue is whether the Court in Rajesh Sharma case could, by the method of interpretation, have issued such directions. On a perusal of the directions, we find that the Court has directed constitution of the Family Welfare Committees by the District Legal Services Authorities and prescribed the duties of the Committees. The prescription of duties of the Committees and further action therefor, as we find, are beyond the Code and the same does not really flow from any provision of the Code.”

"It will also be appropriate to direct the Director General of Police of each State to ensure that investigating officers who are in charge of investigation of cases of offences under Section 498-A IPC should be imparted rigorous training with regard to the principles stated by this Court relating to arrest," said the bench.

allu

Supreme court told earlier that police won't come to passport applicant's house for verification because they are corrupted. Now, leaving the power to police in dowry cases. May be SC thinking now, police are not corrupted when filing 498a and DV case. What a comedy of judgement!!! Atleast in passport verification cases they take only few hundreds, now allowing them for laksh as bonus - out of salary.