Supreme Court of India Guidelines in 498A IPC
The Supreme Court of India has issued guidelines to prevent the misuse of section 498A of the Indian Penal Code (IPC), which deals with cruelty to a woman by her husband or his relatives. These guidelines are aimed at reducing the number of arrests made under this provision and ensuring that arrest is made only in deserving cases. Some of the key guidelines are:
The police must verify the complaint before making an arrest and must not arrest the accused based solely on the allegations made in the complaint.
The arrest should be made only after conducting a preliminary inquiry and if the police have reasons to believe that the accused is guilty.
The police must inform the accused of the grounds for his arrest and the sections under which he is being arrested.
The arrest should be made in the presence of a woman police officer in case the accused is a woman.
The accused should be released on bail if the circumstances and nature of the case so warrant, and if there is no likelihood of the accused fleeing from justice or tampering with evidence.
The arrest of senior citizens, especially women, should be avoided, unless there are exceptional circumstances justifying the arrest.
In cases where the allegations are of a civil nature, the police must not make an arrest and should instead refer the parties to a conciliation center for a resolution.