No guidelines on how to investigate cases of dowry harassment: Supreme Court

Nov 29, 2017, 14:14 IST

In July 2017, the two judge Supreme Court bench comprising Justices A K Goel and UU Lalit ruled that the police cannot arrest the accused without conducting a preliminary inquiry under dowry harassment cases. The court held that arrests in dowry harassment cases, where the maximum punishment is up to 7 years in jail, cannot be made on a belief that the accused may have committed the offence.  

No guidelines on how to investigate cases of dowry harassment: Supreme Court
No guidelines on how to investigate cases of dowry harassment: Supreme Court

The Supreme Court on 29 November 2017 ruled that it cannot frame guidelines on how to investigate cases of dowry harassment as it is beyond the statutory provisions.

The Supreme Court bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud ruled that it will revisit the judgement given by a two-judge bench which directed the formation of a committees to examine the complaints of dowry harassment.

The two-judge bench headed by Justice AK Goel also laid down the guidelines to be followed in dealing with the complaints of dowry harassment. The guidelines were framed on how police should proceed in cases of dowry harassment under Section 498A of the Indian Penal Code.

However, the Supreme Court said that the guidelines were not required for the implementation of statutory provision 498A dealing with dowry harassment.

No immediate arrest under dowry harassment law: Supreme Court

Previous ruling in dowry harassment case by two-judge SC bench
In July 2017, the two judge Supreme Court bench comprising Justices A K Goel and UU Lalit ruled that the police cannot arrest the accused without conducting a preliminary inquiry under dowry harassment cases.

The court held that arrests in dowry harassment cases, where the maximum punishment is up to 7 years in jail, cannot be made on a belief that the accused may have committed the offence.

The court's order came in the wake of suspected misuse of the anti-dowry harassment law framed in 1983.

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Rupali Pruthi is an academic content writer with over 6 years of experience. She is a Masters in English Literature and has previously worked with an NGO and an IT company. At jagranjosh.com, she creates digital content for Current Affairs and various Govt Exams. She can be reached at rupali.pruthi@jagrannewmedia.com
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