SC stays immediate arrests in dowry cases, rules against ‘misuse’ of Section 498A

In a landmark ruling, the Supreme Court has mandated a 60-day cooling-off period before any arrest is made under Section 498A of the Indian Penal Code (IPC), signalling a nationwide shift in the handling of dowry harassment complaints. The directive follows and enforces the guidelines issued by the Allahabad High Court, aiming to prioritise reconciliation and prevent misuse of the law.

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Court order context

The verdict was delivered during a case involving a female Indian Police Service (IPS) officer and her husband. The Supreme Court directed the officer to issue a public apology via newspapers for making false allegations against her husband and his family. The bench, comprising Chief Justice BR Gavai and Justice Augustine George Masih, ruled that the 2022 Allahabad High Court guidelines to curb the misuse of Section 498A will now be applied across India.

New 498A procedure

Under the new procedure:

• Arrests will not be made immediately after a First Information Report (FIR) or complaint is filed.

• A 60-day period will be observed, during which the police cannot take punitive action.

• Cases will be referred to the respective district’s Family Welfare Committee (FWC).

• Only cases involving non-serious charges under Section 498A, where the maximum penalty is less than 10 years, will be sent to FWCs.

• This period will be used for reconciliation, settlement efforts, or factual assessment.

Validity restored

The Allahabad High Court had initially issued these guidelines in June 2022 under Criminal Revision No. 1126/2022. While the Supreme Court had earlier nullified the role of FWCs in the 2018 ‘Social Action for Human Rights vs Union of India’ ruling, it has now reinstated and formally recognised their function.

Preventing misuse

Section 498A, introduced in 1983, was designed to protect married women from cruelty by husbands or in-laws, particularly over dowry demands. It is a non-bailable and cognisable offence, allowing immediate arrests. However, over the years, courts have noted a rise in false complaints, leading to calls for a more balanced approach.

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This Supreme Court ruling seeks to safeguard women’s rights while also addressing concerns about misuse. By emphasising mediation and factual scrutiny over immediate arrest, the decision aims to create a fairer legal process in domestic abuse cases and reduce undue pressure on law enforcement.

(This article was originally published in The Federal Desh.)