Update 14/09/2018: The Rajesh Sharma judgment covered here has been reviewed by Supreme Court, and this article covers the salient points of judgment along with its full text. Update 13/10/2017: The judgment is now up for a revisit by SC (so soon!), and the reason for review is: "We can’t write law. We can only interpret the law.” SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC [Read Petition] The women's NGO (comprising of women advocates) which wanted a review of the judgment gave reasoning and statistics about how rural women benefit from IPC 498A and how the 'evil' well-educated women misuse the law, but surprisingly in the end they mainly prayed only for addition of women members to FWC. It seems like the gender of who gets to be the committee … [Read more...] about SC 2017 guidelines on IPC 498A misuse: family welfare committees, designated IO, less arrests/more settlements, easier bail, recovery of articles, personal exemption to family members etc
A reader has sent this judgment in reference to another Jharkhand HC judgment dealing with arrest and proclamation under section 82 of CrPC. CrPC 82 can become a problem for those who want anticipatory bail or some kind of arrest protection, and pending that go underground or into hiding from police etc. In that case, police may ask the court and court has power to declare that person as absconding from justice. First para of Section 82 of CrPC is below: CrPC Section. 82 Proclamation for person absconding Description If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written … [Read more...] about Jharkhand HC removes absconding proclamation under CrPC 82
Although most of the time I see that the people joining men’s forums are not getting arrested upon 498A FIR, there are a few who have been arrested. I think they are aware of the SC judgment against arbitrary arrest in 498A, but haven’t taken any action against police/magistrate after that. The Arnesh Kumar SC judgment is already blogged here which gives full judgment text of “no automatic arrests in 498A” judgment by Supreme Court on Jul 2, 2014. This post is meant for anyone who got arrested under 498A after Jul 2, 2014, and wants to do something about it. After the above judgment has come into force, based on my assessment from calls received, the number of arrests under 498A seem to have come down by 70-80% at least. We cannot be sure of the exact statistics … [Read more...] about How to take action against police or magistrate for 498A arrest without following CrPC 41, 41A
After Jul, 2014 SC judgment against automatic arrest under 498a and home ministry advisory to follow CrPC 41 and 41a guidelines to avoid arbitrary arrest in 498a (and offences less than 7 years punishment), probably a first judgment has come from a Delhi court criticizing the Punjab police investigation officer for doing his supposedly god-given duty of proceeding to arrest the Delhi resident after a IPC 498a complaint was filed in Amritsar, Punjab. It’s about time that police learn to follow the law else it’s a matter of time someone who was arbitrarily arrested without following CrPC 41, 41a by police will file a contempt against police in high court, and at that time there will be no escape from punishment because of precedent created by SC. … [Read more...] about Delhi court says police must follow SC guidelines against casual arrest in 498a case etc
These sections were modified in amendment to CrPC (Criminal Procedure Code) in 2010 to minimize abuse of powers of arrest by police, especially in cases like IPC 498A, which being a cognizable offence didn’t need a warrant for arrest. Nothing much has happened in reality, because in India you need to prescribe a penalty if you want a rule to be followed. With the latest judgment by Supreme Court to curb automatic arrests under IPC 498A (and other crimes punishable up to 7 years), scope for such penalties has been opened on both errant police and negligent magistrates. 👉Take this Basic Quiz on IPC 498A and CrPC 41A to test your knowledge of their legal provisions Here is the copy of advisory issued to all states by home ministry to follow CrPC 41, 41A to curb misuse of powers of … [Read more...] about Section 41, 41A, 41B of CrPC which govern arrest by police without warrant
This is the difference in treatment by corrupt Indian police and complicit judiciary when an ordinary citizen is faced with a cognizable offence versus a celebrity who is in same situation. Shoaib Malik has been charged with IPC 498a among other sections of Indian Penal Code. Since this is a cognizable offence -- which means person can be arrested without magistrate’s warrant – the police in India is only too happy to put behind bars the accused and family members the moment the ink dries up on a 498a FIR, or even earlier probably in some cases. So I wonder with eyes open when I read the news below: Malik is cooperating with cops, no question of arrest On the possible arrest of the former Pakistan captain, the lawyer cited a Supreme Court ruling and said, ‘‘Shoaib is cooperating … [Read more...] about IPC 498a on Shoaib: Police comes home to investigate!