What Is Section 498A Of The Indian Penal Code Under Which Tripura HC Has Forbidden Automatic Arrests

The Tripura High Court has issued guidelines for police officers to prevent automatic arrests under Section 498A of the Indian Penal Code. The HC has cited a ruling from July this year for the same.

IANS

This was done to ensure that police officers do not arrest accused unnecessarily in Section 498A cases and magistrates do not authorise detentions casually and mechanically.

What is Section 498A of the Indian Penal Code

Section 498A of the Indian Penal Code is related to criminal offense of "cruelty by husband or relatives of husband" towards a married woman.

Under Section 498-A IPC, a husband or his relatives can be sentenced to a jail term of three years for subjecting the wife to cruelty.

This is what Section 498-A IPC exactly states:

"[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.¡ªFor the purposes of this section, "cruelty means"¡ª

(a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]"

Indian Penal Code

Section 498A of the Indian Penal Code is a non-compoundable and cognizable offence and bail under Section 498A can only be granted by the Magistrate once a First Information Report (FIR) has been registered by the police based on a complaint filed by the aggrieved party.

Why was Section 498A of the Indian Penal Code introduced?

Section 498A of the Indian Penal Code was introduced in order to address the increasing instances of domestic violence and harassment faced by married women in India.

Combined with allied provisions in the Code of Civil Procedure, it was hoped to act as deterrence against the crime.

High Court guidelines on arrests under Section 498A of IPC

This is what the Tripura High Court guidelines state regarding arrests under Section 498A of IPC:

1. Investigating officers must fill a checklist of parameters mentioned in Section 41 of CrPC before arresting an accused. Failure to comply may result in departmental action and contempt of court.
2. The police officer shall present the filled checklist along with the reasons andmaterials/evidence that necessitated a Section 498A arrest while producing the accused before a magistrate for further detention.
3. Magistrates should authorise further detention only after examining the officer's report and recording his satisfaction. Those who authorise detention without recording reasons will face departmental action by the high court.
4. The state government will have to instruct police officers accordingly, telling them that they must satisfy themselves about the necessity of arrests under parameters laid down in CrPC.
5. A decision not to arrest an accused under Section 498A should be given in writing to the magistrate within two weeks from the date of the institution of the case. The district SP may extend that period but with reasons recorded in writing.

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