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:
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.
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).
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 “
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.
You may contact us for further advise or guidance: