Survival from 498A

Complete life cycle and use case of 498A, 307, 354

No more ad hoc arrests in 498A

In a bold order Supreme Court has ruled out that there will be no more arrests in 498A without investigation. This is the first blow on 498A in last many years. If this ruling is not followed it will be treated as contempt of court. All the state governments are instructed accordingly. All the magistrates will have to follow this order. Even if police arrests a person in 498A the magistrate will have to cite reasons for detaining a person in custody.

So cheer all the victims of 498A. All cheer all the husbands on whom the errant wives are planning to lodge 498A. Obviously the women of India have misused the law and what was meant for their defense they made it for offence. The poor husbands had become escape goats in hands of  women, lawyers and police. Complete story here in Times of India:

http://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-nod-SC/articleshow/37661519.cms

 

Best of luck! comrades.Supreme court ruling June 2014

3 comments on “No more ad hoc arrests in 498A

  1. Fighter
    August 10, 2014

    Friend, I agree with you. When police is corrupt the laws cannot do anything. But all this is creating very bad reputation of Indian women. We follow the British law system which British do not follow.

    The effect of all this is women’s power would decrease day by day. You cannot empower women by making arrests of men. We are witnessing everyday that crimes against women have increased. Women are at the mercy of social system.

    As you have rightly said 498A is money spinning machine for judiciary, police and lawyers. 498A keeps them busy. The Indian law will not improve. We Indians need to make our ways from the cracks of laws.

    Experience has shown us that if required bribe the police. Due to this huge corruption there is need for black money generation. So whatever the government does the black money will never vanish.

    The foremost thing to do is to scrap 90% of court cases. In most of cases the government is litigant. PP makes money in every case. Many cases are fought for over years of which even a child can say nothing would happen. It’s all business.

  2. Arun Kumar
    August 10, 2014

    Sir,
    Even after knowing Criminal Justice System and Police in so much detail, Are you still contended with this move? There have been atleast a dozen Supreme Court Habeus Corpus Magna Carta cases in past, most notable of them is Joginder Kumar vs. State of UP. In all such cases, it was clearly outlined that CrPc checklist is to be followed (that 14 point) in order to identify if arrest is required or not. This judgement is nothing but a repeat of previous judgements, please read the text of judgement it quotes for earlier judgements. Police is highly corrupt. The checklist is subjective. It contains points like “If accused is a non-native to place of crime”. This point alone is sufficient for arrest. Investigating Officer will write “wife informed that Accused relatives are settled in foreign country”, or in another part of India (99% will fall in this category, all of us have relatives who’re settled abroad or in other parts of country). IO will then continue with arrest. Delhi police has standing orders that without written orders of DCP, arrests can’t happen in 498A but they do happen. Since it’s a money spinner for Judiciary, Police and lawyers. This ruling is unhelpful and wasteful. There have been a dozen such rulings in past. Unless this Indian Police Act of 19th century is scrapped and new comprehensive law detailing every single step in investigation, arrest, functioning is laid down, we’re at the mercy of this system.

    • Fighter
      August 10, 2014

      Truly said. See my comments above

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