The High Court of Tripura, in a significant move, issued guidelines to prevent the automatic arrest of individuals accused of a crime under Section 498-A IPC. The guidelines require police officers to fill up a checklist containing parameters mentioned under Section 41 Cr PC before arresting an accused.
Section 498A of IPC deals with the criminal offense of “cruelty by husband or relatives of husband” towards a married woman.
Failure to comply with the directions, the guidelines have made it clear, 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 by the Judicial Magistrate concerned shall also be liable for departmental action by the High Court.
In a notification, issued by Registrar (Judicial) of High Court of Tripura, Mou Banerjee on September 27, it was mentioned, the guidelines were issued in pursuant to the Judgement dated July 31, 2023 of the Supreme Court in Criminal Appeal No(s). 2207 of 2023 and in line with the decision in the Arnesh Kumar Vs State of Bihar (2014) 8 SCR 128 to ensure that Police officers shall not arrest the accused unnecessarily and Magistrate shall not authorize detention casually and mechanically.
According to the guidelines, the State Government will have to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down under Section 41 Cr.P.C;
All police officers will be provided with a checklist containing specified sub-clauses under Section 41(1)(b)(ii) of the Cr.P.C.;
The police officer shall forward the checklist duly filled and furnish the reasons and materials which necessitated the arrest while forwarding/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 should 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 he recorded in writing.
Notice of appearance in terms of Section 41-A Cr.P.C. should 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.
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 shall be followed by all the Sessions Courts and all other Criminal Courts dealing with various offences.
