- Gopal Subramanium opts out, attacks Narendra Modi government, cites Amit Shah caseGopal Subramanium: Lawyer who argued big-ticket cases with a 'British' accentOn divorce, Supreme Court says mental cruelty, its effects vary from 'person to person'SC refuses to stall arbitration in Voda-govt tax row
Stating that the anti-dowry law was being misused, the Supreme Court on Wednesday restrained the police of all states from “automatically” arresting the accused in dowry harassment cases.
The court held that arrests in all cases where the maximum punishment is up to seven years in jail cannot be made on a reasonable belief that the accused may have committed the offence. It said there has to be adequate material to show that the arrest was necessary to ensure proper investigation or to prevent the accused from committing any further offence or any act to influence the outcome of the case.
The order will affect various cases like dowry harassment, voluntarily causing hurt, domestic violence, wrongful confinement, assault or criminal force against a woman with intent to outrage her modesty, as well as other classes of assault and criminal force defined under the Indian Penal Code where the maximum punishment extends up to seven years in jail.
“In pith and core, the police officer, before arrest, must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed, and one or the other conditions as enumerated above is satisfied, that the power of arrest needs to be exercised,” said a bench led by Justice C K Prasad.
Citing the National Crime Records Bureau (NCRB) data to draw attention to the huge number of arrests made under Section 498A and other dowry harassment charges, the court said these provisions were being “used as weapons, rather than shields, by disgruntled wives”.
According to the NCRB, about two lakh people, including 50,000 women, were arrested under Section 498A in 2012. While the rate of chargesheeting the accused was as high as 93.6 per cent, only 15 per cent of the cases resulted in convictions. The bench noted that about 3.72 lakh cases of dowry harassment are currently pending, of which 3.17 lakh are likely to result in acquittals.
The bench directed all the state governments to issue directives to their police departments against making arrests “mechanically”, saying they should furnish the reasons why the arrest was necessary. The reasons will be examined by the magistrate, who will order further detention if there is sufficient material, it said.
The bench said both police officers and magistrates will face contempt charges and departmental action if they fail to comply with these guidelines.
The court said