Monday 17 November 2014

Don't apprehand to be arrested under 498A

 Don't apprehand to be arrested under 498A if you are innocent




According to Apex Court of this country women are using dowry prohibition laws to harass husband and his family and police is mechanically arresting the husband and relatives of his just on information using section 498A of IPC of this country.

As every one knows that these cases are most of the times proven to be false so does the Apex Court. In view of this Supreme Court of India delivered an order and directed to concerning authorities to make certain checklist before arresting the husband and his other family members. This checklist is provided under section 41 of CrPC. In this criminal procedure code it is stated for the investigating agency to first check 9 points before arresting the accused.
 
 Two judges bench of Apex court comprising C K Prasad and P C Ghose issued the order in which they have ordered the investigating agencies as well as the lower judiciary to use this checklist to prevent misuse of 498A of indian penal code.

This check-list will also be used for  all offences, which are punished with a prison term less than 7 years. 









 

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