The Orissa High Court has directed the State Government to instruct its police officers not to unnecessarily arrest when a case under Section 498-A of IPC is registered.
It has to be ensured that police officers shall not arrest the accused unnecessarily and the Magistrate shall not authorize detention casually and mechanically, the High Court registry said.
The police officers need to satisfy themselves about the necessity for arrest under the parameters laid down under The Section 41 of Code of Criminal Procedure, 1973, the High Court registry stated citing the recent judgment pronounced by the Supreme Court of India.
The Section 41 of Cr.PC lays the conditions for when police may arrest without warrant. The rule otherwise requires police officers to obtain an order from a Magistrate along with a warrant authorizing arrest of a person.
The Section 498A of the IPC deals with harassment or cruelty towards a woman by her husband or in-laws over unlawful demand of property.
The police officer shall forward the checklist duly filled and furnish the reasons and materials which necessitated the arrest, while producing the accused before the Magistrate for further detention.
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.
The decision not to arrest an accused is to 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.
Notice of appearance in terms of section 47-A cr.p.c. is to 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.
Failure to comply with the 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.
Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the High Court.
The directions shall not only apply to the case under Section 498-A IPC or Section 4 of the 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, whether with or without fine.
The above directions of the Court shall be followed by all the Sessions Courts and all other and Criminal Courts dealing with various offences scrupulously, the HC registry concluded in the statement.