Introduction

• This is the landmark case where the Supreme Court provided directions to Police to use their power enshrined under Section 41 of the Code of Criminal Procedure, 1973 (CrPC).
• In this case, the SC adjudged upon the powers of the Police officers to arrest any person without a warrant against a complaint under Section 498A of the Indian Penal Code, 1860 (IPC).
  • The case addresses the misuse of this provision, which pertains to cruelty against a married woman by her husband or his relatives

Facts

• In this case the marriage between appellant (husband) and the respondent (wife) marriage was solemnized on 1^st July 2007.
• The respondent (wife) alleged that her in-laws demanded the dowry from her, and the appellant (husband) also supported his parents.
• The respondent was driven out of the matrimonial home due to non- fulfillment of the dowry demand.
• The appellant denied all the allegations and filed an application for anticipatory bail which was rejected by the Session Judge and thereafter by the Patna High Court.
• The petitioner was arrested under Section 498A of IPC and Section 4 of the Dowry Prohibition Act, 1961 (DP Act).
• Then the Petitioner had moved to the SC by way of a Special Leave Petition for anticipatory bail.

Issues Involved

• Whether the police officer can arrest on a mere allegation commission of non-bailable, and cognizable offence made against a person?
• Whether there are any remedies available to the person if section 498A of IPC misused by a woman for her own advantage?
• Whether the decision of the High Court to deny the anticipatory bail was correct?

Observation

• SC discussed the misuse of section 498A of the IPC where the person is arrested by the Police on a mere allegation without any decent proof.
• As far as the first issue is concerned the Court observed that, no arrest can be made in routine manner and the Police Officer would not arrest any person without reasonable satisfaction after some investigation.
• The Court further overturned the rejection of anticipatory bail by the HC and provided the bail to the appellant.
• The SC provided some mandatory directions for Police to be followed before arresting a person to avoid unnecessary arrest of accused.

Conclusion

• This judgment is cited down in several other landmark judgments in India as has had a significant impact on the way utilization of Section 41 of CrPC.
• Through this verdict the SC sought to strike a balance between protecting the rights of women facing genuine harassment and preventing the misuse of the provision.
• The judgment has resulted in reduced instances of automatic arrests and has emphasized the need for a proper investigation before arresting the accused.

Notes

Section 41of CrPC: When police may arrest without warrant —

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person fr

om making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:

Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;

(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Subject to the provisions of Section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.