Calcutta High Court issues guidelines for arrest on misuse of complaints made under Section 498-A or Section 4 Dowry Prohibition Act following the Apex Court order

The Hon’ble Calcutta High Court on 25.08.2023 issued guidelines to be followed by the Sessions Courts and all other and Criminal Courts within territory of West Bengal and Andaman and Nicobar Islands dealing with various offences including cases registered under Section 498-A IPC or Section 4 Dowry Prohibition Act and all other cases where the punishment for the offence is maximum for 7 years, with or without fine.

The Hon’ble Calcutta High Court issued guidelines in pursuance of the direction of the Hon’ble Supreme Court of India contained in the judgment passed in Criminal Appeal No. 2207 of 2023 arising out of SLP (Criminal) No. 3433 of 2023, Md. Asfak Alam v the State of Jharkhand and Another Read the judgment here. The guidelines are framed with approval of the Hon’ble Chief Justice.

The Hon’ble Apex Court had asked all the High Courts to frame guidelines in regard to the cases registered under various laws where the maximum punishment be of 7 years or less with or without fine. The Apex Court had asked to implement the guidelines issued by the Apex Court in the earlier judgments of Arnesh Kumar v State of Bihar and another, Criminal Appeal No. 1277 OF 2014 arising out of SLP(Crl.) No.9127 of 2013) and Lalita Kumari v Government of U.P. and others, Writ Petition Criminal No. 68 of 2008 regarding arrests of persons.

Guidelines issued are-
1. All the State Governments 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 Cr.P.C.
2. All police officers be provided with a check list containing specified sub-clauses under Section 41(1) (b0(ii).
3. The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention.
4. The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention.
5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
6. Notice of appearance in terms of Section 41-A Cr.P.C. be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
7. Failure to comply with directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction.
8. Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

The Hon’ble Calcutta High Court also emphasized the above directions of the Hon’ble Supreme Court shall be strictly followed.

Read the notice here: notice-9497-25-Aug-2023