Supreme Court strikes out immediate arrests in dowry cases

Supreme Court Issues New Guidelines To Prevent Misuse Of S.498A IPC

Question: To prevent the misuse of which of the following section of Indian Penal Code the Supreme Court has recently struck out immediate arrests in dowry cases?
(a) Section 198-A
(b) Section 398-A
(c) Section 218-A
(d) Section 498-A
Answer- (d)
Related facts:

  • On July 27, 2017, the Supreme Court issued comprehensive guidelines to prevent the misuse of dowry prohibition law of 1983 and Section 498-A of the Indian Penal Code.
  • The direction was issued by a two-judge Bench of Justices A.K. Goel and U.U. Lalit.
  • Simultaneously, the Supreme Court struck out immediate arrests of husband and his family members in cases of dowry harassment filed under Section 498-A of IPC.
  • The Supreme Court has directed to constitute one or more Family Welfare Committees in every district by the District Legal Services Authorities.
  • The Committees comprising of three members, may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
  • Every complaint under Section 498A received by the police or the Magistrate will bereferred to and look into by such committee.
  • Report of such committee will be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of the complaint.
  • Only after the report of the committee will the investigating officer (IO) or magistrate see whether action should be taken or not.
  • Till report of the committee is received, no arrest should normally be effected.
  • However, the Committee members will not be called as witnesses.

Reference:
http://www.supremecourtofindia.nic.in/supremecourt/2017/6593/6593_2017_Order_27-Jul-2017.pdf
http://indiatoday.intoday.in/story/supreme-court-dowry-case-section-498a-family-welfare-committees/1/1012953.html
http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/
http://www.asianage.com/india/all-india/280717/supreme-court-concerned-over-misuse-of-dowry-law.html