Biswajit Saha 24 January 2019

41 crpc is now optional for 498a???

I have just come to know that 41crpc now become optional in the case of 498a...
Please any one clear the matter..
My wife can lodge 498a any time, but if I am unable to know that, I can't get anticipatory bail. My parents are both Sr. Citizens and heart patients .. My grandmother also paralyzed... It is very much problem if I go to jail... I think it will be very shocking to them please advise in the matter...

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3 Replies

Vijay Raj Mahajan (Advocate) 25 January 2019

You can get anticipatory bail if the FIR under section 498a etc. iPC registrated against you.

Biswajit Saha 25 January 2019

Yes, I can get anticipatory bail, but if I unable to know about FIR and police suddenly reach my house to arrest me without any notice..... So I want to know is it 41crpc is optional in the case of 498a????

P. Venu (Advocate) 03 February 2019

The Police are under instructions in such cases not to effect arrests without the express approval of the SP of the District. As such, in my understanding, thee is no need to rush for anticipatory bail.