The Supreme Court of India has once again emphasized the significance of adhering to the guidelines laid down in the 2014 Arnesh Kumar judgement concerning the arrest under Section 498A of the Indian Penal Code (IPC).
The court has directed all high courts and police chiefs across states to issue notifications and circulars within eight weeks to ensure strict compliance with these guidelines.
Section 498A of the IPC deals with the offence of 'cruelty' against married women by their husbands or relatives and also covers harassment related to dowry demands. While the provision was enacted to protect women from harassment, the court recognized its susceptibility to misuse, leading to the arrest of innocent individuals. To address this concern, the Arnesh Kumar bench issued guidelines that restrain the police from automatically arresting the accused in dowry-related cases.
The guidelines state that arrests cannot be made solely based on the belief that the accused may have committed an offence under Section 498A. Instead, there must be sufficient material to justify the arrest and explain its necessity for the ongoing investigation. These guidelines also apply to other provisions in the IPC where the maximum punishment is seven years or less.
The recent decision came in response to a case from the Jharkhand High Court where anticipatory bail was denied to a husband accused of offences under various provisions of the IPC, including Section 498A. The high court had also directed the accused to surrender and later seek regular bail. The Supreme Court found this approach to be casual and set aside the order.
The Arnesh Kumar guidelines aim to strike a balance between the objective of combating harassment against married women and protecting the rights of the accused. By issuing these guidelines, the court seeks to prevent the arbitrary arrest of individuals and ensure that arrests are based on concrete evidence and justifiable reasons.
The Supreme Court's directive to all high courts and police chiefs to issue notifications and circulars within eight weeks highlights the court's commitment to ensuring that these guidelines are strictly followed. Non-compliance with these guidelines may result in departmental action against police officers and contempt of court charges.
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