Anger, vendetta of aggrieved persons shouldn't take advantage of dowry law: SC

The court's observation came on a verdict modifying its earlier order of stopping immediate arrests in cases registered under Section 498-A of the IPC.

Published: 15th September 2018 11:28 AM  |   Last Updated: 15th September 2018 11:28 AM   |  A+A-

Supreme Court

For representational purposes (File | PTI)

By PTI

NEW DELHI: The Supreme Court has said "anger" and "vendetta" of an aggrieved person should not take advantage of the legal provision on dowry harassment and harass the other side espousing the principle of sympathy.

The court's observation came on a verdict modifying its earlier order of stopping immediate arrests in cases registered under Section 498-A of the IPC which relates to the offence of subjecting a married woman to cruelty.

"The courts remain constantly alive to the situation that though no war takes place, yet neither anger nor vendetta of the aggrieved section should take an advantage of the legal provision and harass the other side with influence or espousing the principle of sympathy," said the court.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the earlier direction to create family welfare committees in every district and the power conferred in them was "not in accord with the statutory framework".

The bench said statutory provisions and judgments on the issue already existed and hence the directions pertaining to the constitution of family welfare committees and conferment of power on them was "erroneous" and "impermissible".

While modifying its July 2017 order, the apex court said, "The role of the law enforcing agency or the prosecuting agency is sometimes coloured with superlative empathy being totally oblivious of the sensation to make maladroit efforts to compete with the game of super-sensitivity. Such a situation brings in a social disaster that has the potentiality to vertically divide the society."

The court also said that in such a situation, it is obligatory on the part of the legislature "to bring in protective adjective law".

There has to be just, fair and reasonable working of a provision, in the matter of arrests under Section 498-A of the Indian Penal Code (IPC), the bench said.

"The legislature in its wisdom has made the offence under Section 498-A IPC cognisable and non-bailable. The fault lies with the investigating agency which sometimes jumps into action without application of mind," it said.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

facebook twitter whatsapp