SC restores dowry arrests

The Supreme Court on Friday restored the power of the police to arrest the husband and their family members on a complaint of dowry harassment under IPC Section 498A but retained the power of courts to grant anticipatory or regular bail to accused.

A three-judge Bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud, gave this direction while modifying the directions issued in July 2017 by a two-judge Bench in the case filed by Rajesh Sharma.

The Bench, while setting aside this part of the direction, however, called for sensitising the investigating officer so that indiscriminate arrests are not made without application of mind.

Giving a series of guidelines, the apex court in July last ordered setting up of family welfare committee in each district. Any dowry related complaint should be referred to this committee, which will call the parties in person, make inquiries and submit a report to the Magistrate concerned and till then no arrests of husband or in laws should be made.

Seeking to revisit the order, Social Action Forum for Manav Adikar and Nyayadhar, a women’s organisation strongly opposed these directions and sought modification. It was pointed out that a married woman whenever goes to the police station to make a complaint against her husband and other close relatives takes a risk to fight with society at large but being left with no other remedy against cruelty and harassment ultimately choose this last resort. The directions went against the provisions of CrPC, which mandates arrest on registration of FIR.