Landmark Guidelines: No Arrest after FIR under Sec.498A IPC for Two Months

 

Read HC Judgment

 

In a groundbreaking judgement, the Allahabad High Court has laid down guidelines for prevention of misuse of Section 498A IPC (dowry demand).

The Justice Rahul Chaturvedi while adjudicating upon one such petition passed the safeguards to curb the rampant practice of matrimonial cases being exaggerated manifold with all the pungent and castic allegations dowry related atrocities involving the husband and all family members.

The Judge significantly remarked that the traditional fragarance of our age-old institution of marriage would completely evapourated over period of time if such gross and unmindful misuse of section 498-A IPC would keep on pasted rampantly.

  

The key guideline issued is that after lodging of the F.I.R. or the complaint case without exhausting the “Cooling-Period” of two months, no arrest or any coercive action shall be taken against the husband or his family members in order to derail the proceedings before the Family Welfare Committee.

The Court placed heavy reliance on Apex Court's orbservations in Social Action Forum for Manav Adhikar and another Vs. Union of India Ministry of Law and Justice and others, 2018 Latest Caselaw 651 SC wherein it highlighted the fact that Section 498A IPC and its allied sections is mercilessly used by the advocates to serve the objective of their clients and that is why after exaggerating the incident manyfold, tailored an imaginary and abhorring story.

 

The Court cited Statements of Object and Reasons of the criminal law(Second amendment Act, 1983) to state the objective and the reasons for introducing Section 498-A IPC in 1983.

In the statement, 'serious concern' had been shown on the increasing graph of Dowry Deaths but at the same time it was also noted that cases of cruelty by the husband and other relatives which culminated in the society or murder, hapless women concerned constitute 'only a small fraction' of cases involving the cruelty. 

Changes were thus recommended to IPC, Code of Criminal Procedure and Indian Evidence Act suitably to deal effectively not only with the cases of dowry deaths but also cases of cruelty to married woman by her in-laws. 

The Court took note of the fact that Section 498A IPC since its introduction, has increasingly deal vilified and associated with the perception and its misuse by the women who frequently used it as a weapon against her in-laws. It however remarked that misuse by itself cannot be ground to repeal the panel provision or take away its teeth.

"It is question of a common observation that every matrimonial case is being exaggerated manifold with all the pungent and castic allegations dowry related atrocities involving the husband and all family members. This rampant practice now a days has adversaly affecting our social fibre especially in the northern India."

The Court further threw light on 'live-in relationship' silently sneaking into our socio-cultural ethos by replacing our traditional marriages by its new modern abrasion. It termed the practice as 'ground reality' and said that one has to accept it willy-nilly which is nowhere similar to our traditional marriage.

 

"It is defined as domestic co-habitation between adult couple who are not married. It is a stress free companionship without any legal obligation, it has many complication, responsibilities and legal liabilities. It is a voluntary agreement in it that unmarried male or female decides to live together in one roof in a sexual and romantic relationship which seems to be marriage in alternative or substitute to the traditional marriage in which unmarried couple lives together without marrying with each other free from its legal implications, committment and responsibilities. In fact, this is an off shoot of traditional indian marriage just to save the couple from the hazards and legal complications and bickering between them, The two young couples agree to have sexual and romantic relationship."

The Guildelines are as following:

• (i)No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the "Cooling-Period" which is two months from the lodging of the FIR or the complaint. During this "Cooling-Period", the matter would be immediately referred to Family Welfare Committe(hereinafter referred to as FWC) in the each district.
• (ii)Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.
• (iii)After lodging of the complaint or the FIR, no action should take place without concluding the "Cooling-Period" of two months. During this "Cooling-Period", the matter may be referred to Family Welfare Committee in each districts.
• (iv)Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed (25) periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.
• (v)The said FWC shall comprise of the following members :- (a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR; (b) well acclaimed and recognized social worker of that district having clean antecedant, OR; (c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR; (d) educated wives of senior judicial or administrative officers of the district.
• (vi)The member of the FWC shall never be called as a witness.
• (vii)Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging. The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.
• (viii)The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.
• (ix)Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into the matter namely preparing a medical report, injury report, the statements of witnesses.
• (x)The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the "Cooling-Period" of two months.
• (xi)Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one (26) week).
• (xii)Since, this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstandings between them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honrarium as fixed by the District & Sessions Judge of every district.
• (xiii)The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonal cases with utmost sincerity and transparancy.
• (xiv)When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.
  

  Social media is bold.
  

  
  Social media is young.
  
  Social media raises questions.
  
   Social media is not satisfied with an answer.
  
  Social media looks at the big picture.
  
   Social media is interested in every detail.
  
  social media is curious.
  
   Social media is free.
  
  Social media is irreplaceable.
  
  But never irrelevant.
  
  Social media is you.
  
  (With input from news agency language)
  
   If you like this story, share it with a friend!  
  

  
  

  We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure