Family of husband can be arrested immediately in a Dowry case complaint, SC orders again "immediate arrest"



In a turning point judgement related to dowry harassment, SC has overturned it's own previous order in which husband's family was given relief from immediate arrest under section 498(a), the anti dowry law.

The law was diluted this year on July 27, 2017.

A bench of Justices Adarsh Kumar Goel and U U Lalit had cited data from the National Crime Records Bureau to make a historical judgement and disallowed police to arrest family memeber immediately after a complain in made under section 498(A).

This was supposedly done to stop the abuse of the section wherein it was reported that many women are using the law to harass their in-laws and trying to extort illegal demands.

A three bench judge headed by justice Deepak Mishra ordered on Friday, 13th October, that "abuse of Section 498A (by women) would not make this court curtail the ambit and scope of the section enacted to protect women from cruelty in matrimonial homes."

The bench comprising Justices Misra, A M Khanwilkar and D Y Chandrachud also added that "At this stage, we are obligated to say that we are not in agreement with the judgment in Rajesh Sharma vs UP case (pronounced on July 27)."

The CJI-led bench said, "Prima facie, we feel the guidelines laid down may be falling in the legislative domain."


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