India Supreme Court Vs False Accusations: Supreme Court Directs Police Not To Automatically Arrest Person Against Whom Case Is Registered Under Section 498-A Ipc Or Dowry Prohibition Act.

tenchineuro · 2018-07-07T13:00:52+00:00

SC has also directed that arrest should be made after some investigation as to the genuineness of allegation. It has been held that arrest should not be made only because the offence is non-bailable and cognizable. Merely because it is lawful for the police officers to arrest, does not mean that police should arrest. In a number of cases provisions of Section 498-A and Dowry Prohibition Act are being misutilized by disgruntled wives to harass to husband and his relatives of husband to get them arrested – Police directed not to make arrest without reasonable satisfaction and genuineness of allegation.

Good news from India for once.

2018-07-07T12:04:21+00:00

W00t!

2018-07-07T13:53:40+00:00

Progress

NightWolf1308 · 2022-07-06T13:08:48+00:00

This is a big step forward. The police now need to get a magistrates approval before they can arrest the accused in 498-A cases.

Doesn't mean they won't lie though. Got a call from the station on 23-05-2022 that there's a "complaint" and that I should come in at once to give my side of the story or they would be forced to file an FIR.

Already had a lawyer before the call because I had asked her for a divorce in March. He sent someone to check and it turned out they had already filed an FIR on the 18th.

Applied for and got anticipatory bail for myself and my parents (more the merrier right?) and the first thing they said was "why did you get anticipatory bail? You should have come straight to us."

Yeah... Right.

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