CUTTACK: The Orissa High Court on Friday issued a notification restraining police from making “unnecessary” arrests while dealing with cases under Section 498A of the Indian Penal Code, a law that aims to protect women from harassment and torture by the husband and in-laws.
The notification signed by Registrar General Pratap Kumar Patra also said that magistrates should not authorise detention “casually and mechanically”. In case of an arrest, police should furnish a list of reasons. A magistrate should grant police custody of the accused only after being satisfied by the reasons cited by the police, the notification stated.
The high court issued the notification following a Supreme Court judgment on July 31, quashing an order by Jharkhand High Court that denied anticipatory bail to a man charged under Section 498A. The apex had asked all high courts to issue guidelines for lower courts to deal with such cases.
Accordingly, the notification directed the state government to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 CrPC. The CrPC section provides “for arrest by police on receiving a reasonable complaint/information or has reasonable suspicion of a cognizable offence having been committed, which is punishable with imprisonment of less than 7 years, or which may be extended to 7 years if the given set of conditions are satisfied.”
The notification said all police officers have to be provided with a checklist containing specified sub-clauses under the section. While producing the arrested person before a magistrate to seek custody, the police officer “shall forward the checklist duly filled and furnish the reasons and material which necessitated the arrest.”
The magistrate “shall peruse the report... and only after recording its satisfaction... will authorize detention”. The decision not to arrest an accused must also be forwarded to the magistrate within two weeks from the date of the institution of the case. The notification said the direction shall not only apply to cases under section 498 -A of IPC and Section 4 of Dowry Prohibition Act but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years.