Home > Advisary,Circular,Directions from Court > Karnataka DGP Circular – 498A arrest guidelines

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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  1. November 4, 2010 at 6:14 pm

    Hai,
    iam waiting for this sweet news freom so many dayes and more over iam spendig much time on the fake 498a after a case was booked what is the fate of the men in india and world.first of i would like to thanks to the most higg god and our solders of men`s fighting againist fake 498a.

    The same may be appllicabel to all state ,it will very soon.

    Hence my final comnclusion is thanks to every one ,who are fighting against fals 498a. case than`q` to all.

    • UMA
      November 17, 2010 at 2:05 pm

      Good to hear such a news.Innocent people were put under section 498A & were harassed. I Have lost faith in the girls who just want money and have no value for the relationships. Put False allegations on the boy & his near & dear relatives .

      My request to all the police people is to have a through check on the matter and then proceed further.

      My other suggestion is to arrest a girl & her dear ones who puts such false allegation.

  2. July 23, 2016 at 8:10 am

    85% are acquitted
    and 15% are only convicted.
    Well, how
    many percentage of 15
    is actually done the crime,
    after became a victim,
    due to unfair law,
    inefficient lawyers,
    and corrupted courts and as
    a protest …………. 90% ?

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