Section 498A of the Indian penal code deals with the safety of a woman against harassment by her husband or his relatives. This section was enacted by the legislature for saving the wives from harassment in hands of their husbands and relatives. But recently it’s seen by the court that fake cases were being filed by the wives against their husbands and relatives. The wife is not using this section as a shield to save themselves rather they are using this section as a weapon against their husband and their family to harass them. Section 498A is a cognizable and non-bailable offence.

The court gave certain guidelines to prevent unnecessary arrest and detention:

  • Police officer under each state government directed not to arrest directly if case is registered under section 498A. Before arresting they should make sure that essentials under section 41 of the code of civil procedure should be satisfied.
  • The police officer during arrest fill the check list under section 41(1) (b)(2). They will forward such list with reason behind such arrest to the magistrate for order of further detention.
  • The magistrate satisfies himself by the report submitted by the police officer before authorizing the custody of accused to police for further detention.
  • If the police officer decided not to arrest the accuse than the reason behind such decision should be recorded and forwarded to the magistrate by police officer or by superintendent of police of district within two weeks of such non arrest.
  • Notice should be served on accused under section 41A of CRPC within two week of commencement of case for appearing in police station. If he appeared in police station than there is no need to arrest.
  • If the police officer will not follow the given directions than the departmental action shall be taken against him.

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