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The Calcutta High Court has issued guidelines to be followed by the State police and criminal courts while arresting a person in cases related to cruelty to wife under Section 498A of the Indian Penal Code (IPC) or the Dowry Act.

When making an arrest in relation to Section 498A of the Indian Penal Code (IPC) or the Dowry Act, the Calcutta High Court has established instructions that the State police and criminal courts must abide by.

According to the recommendations, registering a case under Section 498A does not warrant an immediate arrest by the police. Instead, they ought to decide for themselves whether an arrest is indeed necessary in light of the restrictions imposed by Section 41 of the Criminal Procedure Code (CrPC).

The following sub-clauses are part of the checklist that is listed in the guidelines:

1. The likelihood that the accused will elude capture.

2. The likelihood that the accused will commit another crime.

3. Is the suspect interfering with the evidence?

4. Whether the accused is influencing witnesses.

The magistrate should review the police officer’s report before approving the accused’s custody and only do so after noting that the report is satisfactory.

Within two weeks of the case’s establishment, the Magistrate must be informed of the decision not to detain an accused.

Within two weeks of the case’s initiation, the accused must get notice of their appearance in accordance with Section 41A of the Criminal Procedure Code.

The police personnel involved could face departmental repercussions and be prosecuted for contempt of court if they violate these rules in any way.

About the case – 

The Calcutta High Court has issued guidelines on arrest in dowry harassment cases.

The guidelines state that the police should not automatically arrest a person merely on the registration of a case under Section 498A of the IPC. The Magistrate, while authorizing detention of the accused, should examine the report furnished by the police officer and only after recording its satisfaction, authorize detention.

The decision not to arrest an accused should be forwarded to the Magistrate within two weeks from the date of the institution of the case. Notice of appearance in terms of Section 41A CrPC should be served on the accused within two weeks from the date of institution of the case.

Any failure to comply with these guidelines will render the police officers concerned liable for departmental action and they may also be punished for contempt of court.


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