Section 498A: Calcutta High Court issues guidelines for arrest in cruelty cases lodged by wife; says no automatic arrest

The Calcutta High Court last week issued a circular notifying guidelines to be adhered to by the State police and criminal courts while arresting a person especially in cases related to cruelty to wife under Section 498A of the Indian Penal Code (IPC) or the Dowry Act..As per the Calcutta High Court notification issued on August 23, the High Court has ordered the State police to ensure that an individual is not 'automatically' arrested merely on the registration of a case under Section 498A."All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A is registered but to satisfy themselves about the necessity for arrest under the parameters flowing from Section 41 Criminal Procedure Code (CrPC)," the notification said.The notification was issued after the Supreme Court on July 31 ordered all High Courts that the directions issued in an earlier judgment in Arnesh Kumar should be framed as notifications and guidelines to be followed by sessions courts and other criminal courts.The Supreme Court had taken note of the rampant misuse of the provisions of Section 498A.In its judgment, the top court had also asked the Directors General of Police in all States to ensure strict compliance with such guidelines..The High Court notification issued pursuant to the same states that all police officers must be provided with a check list containing specified sub-clauses under Section 41(1) (b)(ii), which details the procedure for arresting an individual."The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention," the notifications reads..The Magistrate while authorizing detention of the accused shall examine the report furnished by the police officer and only after recording its satisfaction, authorize detention."The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing," the guidelines state.Notice of appearance in terms of Section 41A CrPC should be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing."Any failure to comply with these directions shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction," the notification has made it clear.Similar action is proposed against Magistrates, who would authorise a detention without recording reasons..These guidelines, the High Court clarified, will apply not only to the cases under Section 498A or Section 4 of the Dowry Prohibition Act, but also to cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine..[Read Notification]