Supreme court’s order on no automatic arrests under IPC 498a

Full text of this recent judgment is available on another site so you may visit there to read it in full.  Below are some of the salient points helpful to people who may be facing threat of arbitrary and unjustified arrests under IPC 498a, or any other offence punishable up to 7 years.

Basically, the judgment orders both the police and lower courts to follow religiously the provisions of Sec 41 of CrPC which regulate arrest and recording of reasons of arrest or even no arrest.  These provisions have been in place since 2010 but there were no procedures (penalties really) in place whether the police followed them in the first place and if the magistrates enforced that they were being followed.  What this judgment has brought about is provision for penalties on both police and judiciary if they do not follow the procedures for arrest.

Section 41 and 41A of CrPC

These sections including the latest amendments are given at links below:

Penal actions on police for arbitrary arrests under 498a

(7) Failure   to   comply   with   the   directions

aforesaid shall apart from rendering the

police   officers   concerned   liable   for

departmental action, they shall also be

liable to be punished for contempt of court

to be instituted before High Court having

territorial jurisdiction.

Penal actions on magistrates for routinely allowing arrests without scrutiny

(8) Authorising   detention   without   recording

reasons   as   aforesaid   by   the   judicial

Magistrate concerned shall be liable for

departmental action by the appropriate High


So people should get ready to approach high courts against police and magistrates if the provisions of CrPC section 41 and this judgment are not followed.  Lastly, the judgment is applicable for all offences with punishment up to 7 years, not just IPC 498a.  So its scope is much wider and it is really against arbitrary exercise of power of arrest by police and it’s routine authorisation by judiciary rather than just misuse of 498a, which by the way is heavily abused as given by way of statistics in judgment too.

One thought on “Supreme court’s order on no automatic arrests under IPC 498a

  1. hi this is right decision by the supreme court of india this wiill be lesson to those women who misuse anti dowry law in india which is for the protection of real victim
    i wish the supreme court should impose highest penality to those who play in innocents life .
    the politicians should stop gender bias and stop supporting this legal terrorism and ammend the current law and legislation in order for the protection of innocent men .I wonder how women organisation feminists support this legal terrorism racket . The law of 498a IPC AND DP 3&4 should made non cognisible and bailable . Indian police should judge the reality and credibility of the false complaints
    whether men or women innocents should not be tortured

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