PROVISIONS RELATED TO CRUELTY – DOWRY DEMAND AND MISUSE OF SECTION 498-A OF INDIAN PENAL CODE

Question and Answers on Cruelty – Dowry Demands and Misuse of Section 498-A of Indian Penal Code

Question: Whether the Delhi Police can directly register a FIR on the complaint filed by the wife for the demand of dowry or for the cruelty under the provision of section 498-A of Indian Penal Code?

Answer: No, FIR in such cases can not be registered in a routine manner without the prior approval of DCP/Addl.DCP. under Section 498-A/406 of Indian Penal Code, in view of the directions issued by the Commissioner of Police, Delhi vide Standing Order No.330/2007 in pursuant to the Delhi High Court Order dated 4th August 2008 and also in view of the directions issued by the Hon’ble Supreme court of India on 27.07.2017 in the matter of Rajesh Sharma & ors. Versus State of U.P. & Anr.


Question: Whether the Delhi Police can directly arrest to the husband on the FIR registered on the complaint filed by the wife for the demand of dowry or for the cruelty under the provision of section 498-A of Indian Penal Code?

Answer: Arrest of the husband/main accused can be made only after thorough investigation has been conducted and with the prior approval of the ACP/DCP, in view of the directions issued by the Commissioner of Police, Delhi vide Standing Order No.330/2007 in pursuant to the Delhi High Court Order dated 4th August 2008 and also in view of the directions issued by the Hon’ble Supreme court of India on 27.07.2017 in the matter of Rajesh Sharma & ors. Versus State of U.P. & Anr.


Question: Whether other relatives (mother-in-Law and Father-in-Law or sister-in-law etc.) can be arrested by the Police for demand of dowry or cruelty under the provision of section 498-A of Indian Penal Code on the complaint initiated by the wife before the Crime Against Women Cell (CAW CELL) Delhi?

Answer: Arrest of the collateral accused such as father-in-law, mother-in-law, brother-in-law or sister-in-law etc. should only be made after prior approval of DCP on file,under section 498-A of Indian Penal Code on the complaint initiated by the wife before the Crime Against Women Cell (CAW CELL) Delhi in view of the directions issued by the Commissioner of Police, Delhi vide Standing Order No.330/2007 in pursuant to the Delhi High Court Order dated 4th August 2008 and also in view of the directions issued by the Hon’ble Supreme court of India on 27.07.2017 in the matter of Rajesh Sharma & ors. Versus State of U.P. & Anr.


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