It is most unfortunate that section 498(a) IPC has become a weapon for breaking families rather than for uniting them -- By Justice Chandra Kumar in his verdict yesterday in High court of Andhra pradesh and his verdict gave directions to the police 1. No accused should be arrested on allegations of simple dowry harassment, if an arrest is necessary, the investigation officer should obtain permission from higher authorities 2. When an accused is produced before the Magistrate, they should examine the matter judiciously and consider whether there are are valid grounds for remanding the accused to judicial custody. 3. If arrest is not necessary, the police may complete the investigation and file a charge-sheet without arresting the accused. 4. In the case of dowry death, suspicious death and suicide or when the allegations are serious in nature, the police officer may arrest the accused and the information of arrest should be immediately sent to the concerned SP. 5. No accused or witness should be unnecessarily called to the police station, in case their presence is required for enquiry, they should sent back immediately after that. 6. There should not be any unnecessary harassment either to the relatives of the complainant or of the husband,a fair and dispassionate probe should be conducted. 7. After completing investigation, it should be verified by an officer not below the rank of Deputy Superintendent of police. 8. During the investigation, if the probing officer is satisfied that there is false implication of any person in the complaint, then he may delete namesof such persons from the charge sheet after obtaining necessary permissions from the SP or any other officer equivalent to that rank. 9. As soon as a complaint is received either from the wife alleging dowry harassment or from the husband that there is possibility of being implicated in a case of dowry harassment, then both the parties should be asked to undergo counseling with any experienced counselor or counselors, the report should be made a part of the report to be submitted to the court. 10. The SP, in consultation with the chairman, district legal services authority, prepare a panel of counselors and details of the panel, along with their addresses and phone numbers, should be made available at all the police stations. Senior cops should also ensure that the parties are not forced to come to any settlement in police stations against their wishes. 11. Advocates have to play their roles in trying to unite the families, the welfare of children should be give utmost importance. Finally the Honble judge directed the DGP to issue necessary instructions to the concerned authorities in the regard
Posted on: Wed, 22 Jan 2014 04:15:37 +0000
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