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Author Topic: Supreme court guidelines on illegal arrests under section 498a  (Read 1153 times)

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Offline advgaurav.sharma

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Supreme court guidelines on illegal arrests under section 498a
« on: November 21, 2015, 04:23:49 AM »
No arrests under anti-dowry law without magistrateís nod: SC

In order to prevent illegal arrests or similar threats of the section 498A accused, the Supreme Court in its latest judgement on 2nd July, 2014.

Has enforced a 9 point checklist for police under section 41 of the Criminal Procedure Code.

The checklist prescribes Doís and Donítís, to be referred to by the police before arresting the accused.  Further, in case the arrest is made, then the magistrate should allow the detention only if the checklist validates so, or else he can authorize the release of the accused.

This new development in the context of section 498A was long overdue and is a welcome news of relief. We can only hope that there are no further legal loopholes or new judgements to bypass the section 41 and give undue advantage to the section 498A.
Advocate Gaurav is a specialist in Trademark laws

Offline dmpawar

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Re: Supreme court guidelines on illegal arrests under section 498a
« Reply #1 on: April 21, 2016, 07:27:11 AM »
what are those 9 points?

 

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