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No Arrest in dowry harassment matters!

Posted by iluvshrutiverma on October 17, 2009

  • No arrest in matters where the maximum punishment is less than 7 years
  • Law commission gave report to home minister
  • No need to review the provisions of stay

The path is clear for implementation of Cr.P.C. amendments that have mandated no arrest of the accused in cases leading to less than 7 years of imprisonment. Law commission, along with tightening the grip on police officials, has recommended the continual of recent amendements. The commission said it is un-necessary to ponder on the other section – 309. Staying the proceedings or not is a matter of court’s jurisprudence.

Under the new provisions 41-A, the police will not arrest the accused for crimes that are punishable with less than 7 years. In stead, the police can issue a notice ‘informing’ them that they should appear at the police station for investigations.

The commission said that the word ‘may’ should be changed to ‘will’ in the provisions. This implies that sending the notice to the accused should be made mandatory. Commission said this is to ensure that police officials do not benefit the accused under any political pressure or by unfair dealings. The commission also said that if the addressee of the notice hides own identity, then this can be a basis for arrest.

In the report, chief of the commission Justice A R Laxman clarified that the decision not to arrest the accused is equivalent to judicial directives. If a police official mis-uses powers, then he would be liable for contempt of court in addition to the departmental disciplinary action.

AMENDED SECTION 41-A: police will not arrest person accused with offenses punishable with less than 7 years. In stead, a notice will be issued to them. Only on a failure to follow notice can an arrest happen with the orders of a magistrate. Crimes like eve teasing, attempt to loot, and dowry torture will come out of the ambit of arrest. Till now, an arrest used to happen immediately after the registration of F.I.R. because offenses with more than 3 years punishment were cognizable.

Intention: stopping arrest in un-necessary and false cases. Also to reduce the crowd in jails

Opposition: Criminals will lose the fear of law

AMENDED SECTION 309: not to stay the case in the absence of lawyer

Intention: To reduce the burden of cases and controlling the tendency to delay proceedings for a long time

Opposition: lawyers said, this is against the natural principles of law. Accused will suffer because of this.

Dahej Pratadna Mamlon mein Giraftari Nahi

4 Responses to “No Arrest in dowry harassment matters!”

  1. tamizh saravanan said

    i am very happy to hear the news… if they released this law in last year my mother, brother and our family frieds mother would not be arrested… not only us so many innocents…

    i beg police to follow this law and arrest guidelines

    thanks & regards,
    IPC 498a Victim

    • iluvshrutiverma said

      Saravanan – you are right. Things could have been better for us (you, me and the other 2 lakh people who get arrested every year).

      But better late than never, the country is now finally awakening to the misuse of these laws.

      By the way, the first time I was impressed by you was when I heard about your heroic episodes with Tambaram Women’s police station.

      Wishing you luck. And I hope you and other activists from TN keep up the enormous support to the movement.

      With Regards,

  2. tamizh saravanan said

    thanks my dear friend…

  3. Rajini said

    I m currently going through this legal terrorrism. How to escape my aged innocent parents and my sister. For six years me and my wife were living abroad and my parents and sister never had any interaction with my wife. But now she lauched a false complaint …. please save us…

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