Arrest procedure

(Guest)

@ Author, 498a itself carries the procedure of arrest. It is non-bailable,non-compoundable and cognizable offence. The punishment U/s 498a IPC is 3 years of maximum. The FIR which is registered has to be submitted within 24 hrs. to megisterate to issue arrest warrant. Without warrant police can't arrest you.

Sarvesh Kumar Sharma Advocate (Advocacy) 21 September 2013

file a fir and if police is not arresting then go to the court issue 82/83 cr.p.c.!

NRI Legal Consulting (Consultant) 21 September 2013

Dear

(a)(i) No case under Section 498-A/406 IPC should be registered without the prior approval of DCP/Addl. DCP.

(ii) Arrest of main accused should be made only after thorough investigation has been conducted and with the prior approval of the ACP/DCP.

(iii) 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.

(b) Police should also depute a well trained and a well behaved staff in all the crime against women cells especially the lady officers, all well equipped with the abilities of perseverance, persuasion, patience and forbearance.

(c) FIR in such cases should not be registered in a routine manner.

(d) The endeavor of the Police should be to scrutinize complaints very carefully and then register FIR.

(e) The FIR should be registered only against those persons against whom there are strong allegations of causing any kind of physical or mental cruelty as well as breach of trust.

(f) All possible efforts should be made, before recommending registration of any FIR, for reconciliation and in case it is found that there is no possibility of settlement, then necessary steps in the first instance be taken to ensure return of stridhan and dowry articles etc. by the accused party to the complainant.

For more query contact us query@nrilegalconsulting.com

Varun Singh (GM) 21 September 2013

My first post...

Yes it happened in my case where my wife initiated 498a via CAW cell, I was summoned and was asked to join the investigation by IO. I gave my full cooperation to IO and took a copy of all evidence on the second date which that I had collect after first date seeing the copy of the complaint. The IO and DCP were very sensible and could easy figureout whos at fault and lieing. They did a bit of strictness on the wife and after 3 dates she withdrew the complaint voluntarily ! I never gave them the hint of my decision whether I want to keep Mrs. 498a or not ! no FIR ! Wife filed DV and crpc 125 in court later which is going on !

Varun Singh (GM) 21 September 2013

My first post...

Yes it happened in my case where my wife initiated 498a via CAW cell, I was summoned and was asked to join the investigation by IO. I gave my full cooperation to IO and took a copy of all evidence on the second date which that I had collect after first date seeing the copy of the complaint. The IO and DCP were very sensible and could easy figureout whos at fault and lieing. They did a bit of strictness on the wife and after 3 dates she withdrew the complaint voluntarily ! I never gave them the hint of my decision whether I want to keep Mrs. 498a or not ! no FIR ! Wife filed DV and crpc 125 in court later which is going on !

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