Anonymous
Asked October 20, 2016

Conditions for arrest in 498A case

  • 2 Answers
  • 1432 Views

For 498 A case,On what conditions police can arrest the accused persons?I know as per Supreme court,there will be no automatic arrest.

Answers 2

Police can arrest accused with prior notice. In 498A matter according to Supreme Court guidelines police can not arrest accused directly as u aware about that. 

Agree Comment 0 Agrees almost 4 years ago

The object behind the provision Section 498A of the Indian Penal Code is to safeguard a woman from harassment and torture from the husband, and his relatives. The offence of “Cruelty” is a non-bailable and cognizable offence. But, the provision enacted as a shield often used as a weapon to bring shame and curtail liberty of the husband and relatives. As the power to arrest by the police has also become a corruption tool, and mainly misused. The former Hon’ Justice of the Supreme Court of India  Chandramauli Kr. Prasad in a Criminal Appeal[1] have laid down certain requisites before an arrest can be made under this offence. The Court has emphasised upon the need to make the arrest after preliminary investigation and after reasonable satisfaction. The reason for the arrest must also be provided by the police.

 

[1] Arnesh Kumar v State of Bihar & Anr

Agree Comment 0 Agrees almost 4 years ago

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