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 …[Continue Reading]
Jharkhand HC removes absconding proclamation under CrPC 82
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 …[Continue Reading]
How to take action against police or magistrate for 498A arrest without following CrPC 41, 41A
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 …[Continue Reading]
Delhi court says police must follow SC guidelines against casual arrest in 498a case etc
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 …[Continue Reading]
Section 41, 41A, 41B of CrPC which govern arrest by police without warrant
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. Here is the copy of advisory issued to all …[Continue Reading]
IPC 498a on Shoaib: Police comes home to investigate!
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 …[Continue Reading]
Info on FIR, Arrest, and Police ranks
Here is some official information on FIR with applicability and various references to CrPC and IPC : http://www.saferindia.com/kiranbedi/firdemo.jsp Same/similar to above document in PDF format (but this one has some spelling errors so check out yourselves):http://ipc498a.files.wordpress.com/2007/10/the-first-information-report.pdf Some compendium of information on FIR, NC (Non cognizable offence), reporting of complaint to police, magistrates, powers of police, where to complain etc are given below: http://www.karmayog.org/policedepartments/policedepartments_23086.htmDetailed document with information on arrest with references to CrPC etc is found here:http://ipc498a.files.wordpress.com/2007/10/law-of-arrest.pdf Police circulars in various states which prohibit police to arrest without investigation etc. Check the applicable circular for your state. You may be able …[Continue Reading]
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