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Karnataka DGP Circular – 498A arrest guidelines

Karnataka DGP Circular – 498A arrest guidelines

English Translation:

No: 10/ /2010                                         Director general and Inspector General of Police

                                                               Station, Nrupatunga road, Bangalore

                                                               Date: 01-10-2010

Sub:  Under 498, 498a I.P.C and Dowry prohibition act, the Procedure to arrest the Accused.

Based on the study of complaints of 498, 498a IPC and Dowry prohibition act, some of the cases registered against the husband and his near and dear innocent relatives found making false allegation. It is common that in these kinds of complaints the petitioner happens to involve the accused relatives. And after investigation it is seen that the in this type of complaints the accused remains/found as innocent. The Police officers make mistake without making the decision whether they have to arrest accused or not after collecting the correct witness and proof of evidence.

According to Orders of Honorable Supreme court of India in Jogindar Kumar vs Uttar Pradesh state direction. Police officers have got power to arrest as per C.R.P.C 41. BUT before arresting they have to do the investigation and collect the enough witness and proof of evidence. Then they have the confirm whether he/she (accused) can be arrested. Then the accused is arrested. Otherwise Arresting the accused based on the complaint of anybody or because of the names are there in FIR is not correct.

Taking the consideration as per above guideline of Honorable Supreme court of India, It is necessary to take Action to Protect the Human rights of any innocent human being.

Because of this before arresting any person (Female, Male and Children’s) under these acts, the investigation report should be reviewed by the corresponding superintendent of police/Deputy commissioner of police and upon getting the permission only the accused should be arrested. In this regard the corrsponding police officers should submit the collected evidence to corresponding superintendent of police/Deputy commissioner of police for review. The higher offices after analyzing the merits and each of the accused, they have to take decision to whether to arrest or not. It is proper to arrest once after getting the permission.

In all there kinds of complaints or Acts .The procedure should be followed or noticed by all higher officials. 

                                                Director general and inspecter general of police

To,

1)  To all police offices (Names)

2.) To all police officers K.G.F and Railways.(Names)

Copy 

To all jurisidiction Police officers

DGP_Circular_kanada_1

DGP_Circular_kanada_2

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NFHS Press Release – Karnataka DGP Circular

P R E S S    R E L E A S E

Subject: National Family Harmony Society demands strict implementation of the circular issued by DGP-Karnataka on 01/10/2010 to stop arbitrary arrests in case of 498A IPC.

NFHS is going to monitor all the police stations within Karnataka over next few months. And if it comes to our notice that any police station has not followed these guidelines of DGP then we will initiate Contempt cases against such police stations demanding their suspension. It is our social responsibility as an NGO to see that innocent citizens do not suffer due to misuse of law. We request our media friends to create awareness of this DGP circular. We maintain zero tolerance to arbitrary arrests.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Due to heavy and rampant misuse of the 498A IPC Ministry of Home Affairs had issued a circular on 20th October 2009 to all the state Governments including Karnataka Government with guidelines to be followed. Our NGO National Family Harmony Society – NFHS constantly persisted upon various authorities in Government of Karnataka to issue appropriate guidelines to the state police. Subsequently the DGP office has issued circular with guidelines regarding 498A IPC arrest procedure so that innocent citizens, senior citizens, females are not harassed and arrested arbitrarily.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. Even in case of small misunderstanding between couples, wives file criminal cases against husbands and all their family members. Such Husbands and their entire family members who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. Also if the husband is arrested and sent to Jail then there remains no chance of reconciliation between them. If the police officer starts justifying the above stand to arrest everyone named in the FIR then it will lead to chaos in the orderly civil society.

Honorable Former Chief Justice VENKATACHALLIAH, M.N. on “25/04/1994” while delivering a judgment wrote:

“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.”

Honorable Supreme court in Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005 observed below:

“Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”

Former Chief Justice of India Shri K G Balakrishnan admitted that 498A is the grossly misused IPC section:

“Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused’. Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. “In some cases, 498A is grossly misused,” he said. Balakrishnan was speaking at a seminar, `Marriage laws — issues and challenges’, organised by the National Commission for Women.

Read more: CJI Balakrishnan admits to misuse of dowry laws – The Times of India http://timesofindia.indiatimes.com/india/CJI-Balakrishnan-admits-to-misuse-of-dowry-laws/articleshow/4057825.cms#ixzz13SlEnV1u”

HOW THE MISUSE IS HAPPENING

·         498A IPC is non bailable hence police tends to arrest everyone named in the FIR.

·         Even far relatives like uncles are named in the FIR without proof.

·         There are instances where school going children and senior citizens like grandfather and grandmother had been named in FIR and arrested.

·         498A IPC has been used as a blackmail tactics.

·         By filing FIR huge amount is demanded and in case of failure all accused are arrested.

·         There are instances when pregnant sisters are arrested

·         There are instances where relatives and parents staying in abroad are arrested.

·         Wild, imaginary and baseless allegations are leveled against family members of husbands.

·         498A is being used as legal terrorism.

·         Trial of 498A takes minimum of 7-8 years in Trial court. So all family members of husband suffer by running around the corridors of Courts for those years before they are declared innocents.

·         80% of the cases are registered only in the second half of the week in order to take advantage of the weekends and to keep the husband & his relatives for maximum no. of days in jail.

DEMANDS: OF NATIONAL FAMILY HARMONY SOCIETY

  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Implement the circular of the DGP office strictly to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC to all the police stations in the state within next 1 month.
  • No arrest before written permission of DCP level officer. DCP should mention the reasons for arrest. The police manual should be updated appropriately.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Stop the involvement of police in “Matrimonial Disputes”.
  • Make 498A bailable and compoundable.
  • No FIR without wife provides evidence for all allegations.
  • Bring in amendments to make IPC 498A “Gender Neutral” so that those husbands and in-laws who are harassed can also make complaint under this IPC section against cruel wives.
  • Scrutiny with the Income Tax department to be made part of the investigation in cases where dowry, gold, gifts & marriage expenses are claimed as 5 lakhs or more. This is to account for the exact transactions occurred and the source of income for these amounts. Police manual to be updated accordingly.

 

For more information please contact

P Suresh, President,                                    M Mahesh, General Secretary,

9880141531                                               9731569970

 

You are also requested to visit

www.498a.org.in

www.family-harmony.org

https://498amisuse.wordpress.com

Categories: Press_release