Pune City police warned against ‘misuse’ of IPC section 498A
Pune Mirror reports, http://www.punemirror.in/article/2/20140126201401271136452968b9a5902/City-police-warned-against-%E2%80%98misuse%E2%80%99-of-IPC-section-498A.html
Pune City police warned against ‘misuse’ of IPC section 498A
Law is applied in cases where women allege mistreatment by husband, in-laws; preliminary inquiry must before FIR
Officials at city police stations have been directed to be circumspect while registering FIRs under section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC). Preliminary inquiries may be conducted in cases of matrimonial/family disputes before an FIR is registered, police officials have been told.
“We have issued circulars to all police stations in the city. They have been told that a preliminary inquiry must be conducted in cases of matrimonial/family disputes before FIRs and arrests in cases under 498A,” said Joint Commissioner of Police (Law and Order) Sanjeev Kumar Singhal.
As per records available with the police commissioner’s office, there were 299 cases in 2013, 180 in 2012 and 231 in 2011 registered under section 498A. “A woman or her relative(s) can file a case under against her husband, his parents, siblings and other relatives.
In the past, there has been misuse of the law when the police arrested people without verification or investigation. Alleging harassment over dowry demands by their husband’s family, women would lodge false complaints of physical and mental harassment.
The Supreme Court has framed guidelines for preliminary inquiries before registration of FIRs in cases of matrimonial and property disputes,” said criminal lawyer Kainat Shaikh.