SHOULD YOU FEAR FOR 498A/DOWRY CASE 

INTRODUCTION

Men accused of section 498A of the Indian Penal Code (IPC) and Dowry Prohibition Act by their wife fear the consequences of legal actions and formalities. It is natural to be concerned if you have a police complaint or criminal case against you and your family.

FEAR FACTORS AMONG MEN ACCUSED OF 498A IPC OR DOWRY PROHIBITION ACT

Men usually fear that they will be arrested and may have to spend time in jail or that they will have to spend many days in Police station. They may fear about police torture in the name of interrogations. An advise which I wish to tell first is that ignorance is the root cause of the anxiety many face when dealing with the unknown, in order to mitigate the fear let me tell you about the remedies.

REMEDIES AGAINST 498A IPC

Below are the list of legal remedies that you should know in order to mitigate the fear of arrest and torture in 498A IPC and dowry harassment cases:

Anticipatory bail 

1. Face your fears and anxieties so they don’t become debilitating.  The moment you come to know that a complaint is filed in the police station or if you receive a call from the police or a notice from the police station, immediately meet your criminal attorney (you may contact us as well for enquiry) and apply for the  anticipatory bail to prevent yourself or your family members arrest. Lawyers, judiciary and even public for that matter is aware of the use & misuses of 498A IPC and dowry harassment cases and the chances of getting the anticipatory bail are fair.

Evidence

2. If you have collected evidence and documents too substantiate your defence  or to demonstrate that the complaint is baseless, meet your attorney (you may even enquire with us as well) and discuss the merits of each evidence or document and plan your next defence or action accordingly.

3. If you do not have any documents to demonstrate that the complaint filed against you is wrongful, there is nothing to worry since the prosecution as to establish and prove their case, plan your defence with your advocate (needless to specify that you can enquire with us as well).

Quashing FIR

4. You may also apply for quashing of the FIR filed aganist you under section 498A IPC, before the concerned High Court. Note, quashing of a complaint/FIR is an exception rather than any ordinary rule, so plan it wisely with your attorney before filing appropriate petition for quashing. 

No automatic arrest in 498A and Dowry harassment cases 

5. The Honourable supreme Court in Arnesh Kumar Vs. State of Bihar & Anr has effectively rewritten the relationship between the police and public. The important verdict arises from an appeal preferred by an husband who apprehended his arrest in a case under Section 498-A  of the Indian Penal Code, 1860  and  Section  4  of the Dowry Prohibition  Act,  1961. In the said case, Court noted the rampant  abuse of  498-A of the Indian Penal Code, in order to prevent unnecessary arrest and causal and mechanical detention, the Court has issued following  directions:

a) All  the  State  Governments  to  instruct  its  police  officers  not  to automatically arrest  when  a  case  under  Section  498-A  of  the  IPC  is registered but to satisfy themselves about the necessity  for  arrest  under the parameters laid down above flowing from Section 41, Cr.PC;

b) All police officers be provided with a check list containing specified  sub- clauses under Section 41(1)(b)(ii);

c) The police officer shall forward the check list duly filed and  furnish  the reasons  and  materials  which    necessitated    the    arrest,    while forwarding/producing  the  accused  before  the  Magistrate  for  further detention;

d) The Magistrate while authorising detention of the accused shall  peruse  the report furnished by the police officer in terms  aforesaid  and  only  after recording its satisfaction, the Magistrate will authorise detention;

e) 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;

f) Notice of appearance in terms of Section 41A  of  Cr.PC  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;

g) Failure to comply with the directions aforesaid 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 High Court having territorial jurisdiction.

h)  Authorising  detention  without  recording  reasons  as  aforesaid  by  the judicial Magistrate concerned shall be liable  for  departmental  action  by the appropriate High Court.

i)  We hasten to add that the directions aforesaid shall not only apply  to  the cases under  Section  498-A  of  the  IPC or  Section  4  of  the  Dowry Prohibition Act, the case in hand, but also  such  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.

j)  We direct that a copy of this  judgment  be  forwarded  to  the  Chief Secretaries as also the  Director  Generals  of  Police  of  all  the  State Governments and the Union Territories and the Registrar General of  all  the High Courts for onward transmission and ensuring its compliance “

CONCLUSION 

Greed is the route of all evil, many wants something from the other, there are women who are harassed by the greedy men and similarly men are also harassed by the greedy women, in few many cases both are greedy and cannot live in peace, hope this article assist the stressed soul in finding peace with the existing legal framework.

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