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Author Topic: Supreme Court guidelines for Dowry Complaints to Make Section 498A More Balanced  (Read 405 times)

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Offline advsarmaroy

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Supreme Court guidelines for Dowry Complaints to Make Section 498A More Balanced and Curb Misuse

Supreme Court states that henceforth an accused in a dowry harassment case cannot be arrested immediately.

Police would have to conduct a preliminary inquiry before making arrests in such a case.

Section 498A, was introduced to protect married women from dowry harassment and domestic violence.

There has been discussions around the fairness of the law and the unfair treatment of men by its misuse in some cases.

Supreme Court has observed in many previous Verdicts that a serious re-look of the provision is warranted by the Legislature, noting that “It is a matter of common knowledge that exaggerated versions of the incidents are reflected in a large number of complaints.”

The Glaring issue with Section 498A was the non-bailable and cognizable nature of the offence.

Thereby giving police authority to act in a unilateral manner even before an inquiry or investigation is conducted, by arresting the accused and the family,

Supreme Court has held that no arrest should be made just because the offence is non-bailable and cognizable and that arresting a person is a serious matter and can not be made in a casual, routine and cavalier manner or merely on allegation of commission of an offence made against a person.

The Neutrality of the court order is apparent from the fact that this is a provisional ruling. The Supreme Court has sought report by 31/3/2018 from the NLS Authority about the much needed changes in this direction.
Advocate Sarmaroy
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