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You are here: Home » 498a Info » Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police

Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police

9 Aug 2014 By videv 6 Comments

After a recent Supreme Court judgment to prevent arbitrary arrests under IPC 498a, the home ministry has sent a letter to all states and union territories informing and advising them about the same judgment.  The letter dated Jul 10, 2014 is given below.  It has to be send to State Secretary as well as DGP (Director General of Police) of each state.  In due course of time, the knowledge about this SC judgment and about following CrPC 41 and 41a guidelines on powers and procedure to be followed by police before arrests will percolate to each police station.  Use this circular to make the local police aware if they aren’t already (don’t assume they are).  PDF copy is here, and the same 2 pages are given in the post below.

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👉(Read Online eBook): Alimony and Maintenance under Hindu Law👈

Will this circular ensure that I don’t need to worry about arrest in 498a? No.  The judgment doesn’t say that there be no arrests in IPC 498a (or for offences with less than 7 years punishment), but it only says that there will be consequences for both police and trial court magistrate if they don’t follow scrupulously the guidelines for arrest as given in CrPC 41 and 41a.  But with good awareness and fight back by citizens, the arrests should come down a lot since if the conviction rate is only 6-7% in IPC 498a, there obviously is a huge abuse of arrest powers happening till now with average 2 people being arrested per IPC 498a case.

Should I still apply for anticipatory bail? Up to you.  Everyone wants to be safe, and anyway if you approach an advocate, you can’t expect an unbiased answer since he/she earns by applying bail, so there is a conflict of interest.

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READ:  498A Information for NRIs

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

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Links to Paid eBooks/Books


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Filed Under: 498a Info Tagged With: CrPC, Law Misuse, Police Procedures, SC Judgment

Comments

  1. Bishal Anand Jaiswal says

    June 6, 2015 at 12:18 am

    If in laws are separated from husband & wife from several years 498a is valid to arrest in law ?

    Reply
    • videv says

      June 6, 2015 at 7:28 pm

      The circular doesn’t say anything about number of years in-laws or any relative is separately living from wife… so instead of looking at specific facts of your situation, try to appreciate the larger point which has been clarified: that CrPC 41/41A must be followed in 498A and other offences less than 7 years punishment.

      Reply
  2. Amit sinha says

    January 5, 2015 at 3:32 pm

    This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.

    Reply

Trackbacks

  1. COURT MONITORING SYSTEM KARIMNAGAR says:
    June 21, 2016 at 11:38 pm

    […] Here is the copy of advisory issued to all states by home ministry to follow CrPC 41, 41a to curb mi… […]

    Reply
  2. Section 41, 41A, 41B of CrPC which govern arrest by police without warrant - Men Rights India says:
    September 8, 2014 at 8:41 pm

    […] Here is the copy of advisory issued to all states by home ministry to follow CrPC 41, 41a to curb mi… […]

    Reply
  3. No automatic arrest in 498a, says Supreme Court - Men Rights India says:
    August 9, 2014 at 3:28 pm

    […] Supreme court has been giving judgments on misuse of IPC 498a for many number of years, and they had even asked the law ministry to consider amending it.  Many states have police circulars already on doing investigation or taking permission of higher police like DCP before arresting under 498a, but there is no guarantee that these rules are followed.  The advisory/letter/circular issued by home ministry in government of India is given here. […]

    Reply

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