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Matrimonial Cases(498A) - Procedure to be followed by Police in UP
19-Mar-2023 (In Criminal Law)
I am being implicated in a false criminal case (498A and others), the Police is expected to follow guidelines as in Supreme Court Judgement Arnesh Kumar vs State of Bihar so is it necessary for them to issue a notice of Sec 41 A or they can simply call me on phone and say to appear. If they don't send a proper notice and force me to appear are they in contempt of supreme court
Appreciate if any body can list the whole process in steps, that this happens first then that happen second and so on and so forth.
Yes the police will call to appear and share your side of the story. Basically they need to evaluate the authenticity of the complaint filed by your wife and there is no harm in going and meeting them. Additionally they are calling you on the complaint and FIR has not yet been registered so you can go and meet.
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Adv. Atulay Nehra
Noida | 200+ Answers
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How do I know if I have a criminal case against me?
Send someone to the police station concerned to inquire if you have been charged with a crime and what section. Within 24 hours after registration, a copy is sent to the elaka magistrate.
How do you know if there is an FIR against me?
A. If someone has filed an FIR against you, it is impossible to find out on your own. You will receive a copy if you have filed the FIR. If your boyfriend enters your home forcefully, you can call the Police Station or go to your local police station.
What happens if someone files an FIR against you?
If you receive a FIR against you, it means that you may be arrested for committing a cognizable offense. If the charges are less than seven years in length, the Police will issue a Notice u/s. 41-A of the CrPC which requires you to appear before an IO within seven days to answer allegations.
How to know if someone has filed a police report against you in India?
If a police complaint is filed against someone, that person will receive a call/message/notification from police. The police will send a memo to that person to come to the station to give a statement. 16-Dec-2022
Section 498A of the IPC deals with a non-bailable offence, which applies to a husband, or relative(s) of a husband, of a woman, who is/are subjecting her to cruelty.
Every accused is treated in more or less the same way by the police. The validity or truth of allegations will be proved later (sometimes decades later), but until then, it is considered that whatever a woman has alleged is the absolute truth. The National Crime Records Bureau (NCRB) data reveals the fate of most cases under Section 498A, where the conviction rate is merely 13%, and pendency remains as high as 89%. Cases are filed and remain pending in the court for years. But, all the accused are to be arrested as soon as the case is filed, because this section of the IPC is non-bailable, and only a court can grant bail to them, after producing sureties of required amount. This arrest is what makes Section 498A the most terrifying among other family laws, and qualifies it to be a criminal case.
The police has a very crucial role to play, with its investigation power. But, the same police files a charge sheet very casually, in 93% of cases. It certainly raises a question on the work of police, as to why, after their careful investigation, such a low number of accused are convicted. It certainly creates a doubt. But, they are also bound to do this, due to the constraints of law, which considers that whatever a woman has stated is to be considered true. They even cannot refuse to register an FIR.
Later, the court also follows the same procedure when the accused applies for a bail or a stay on the arrest. The courts deny bail on the basis of prima facie allegations confirming the probability of crime happening.
It seems like, technically, if someone wants to be assured of the accused's arrest, the allegations are to be framed in such a way that the court easily sees the probability that the crime has occurred prima facia.
Those accused under Section 498A are not serial abusers of law or criminals or terrorists, but still, they are treated as hardcore criminals. Most of the cases under Section 498A arise out of misunderstanding or ego clashes at home, and are filed to settle personal scores. The entire family of the husband is made accused in the case to 'teach them a lesson'.
It is very easy to file a case under Section 498A, and everything will follow once the FIR is registered. But, the amount of harassment that an accused and his family face cannot be described in words. The shame of being arrested, the terror of the police, who treat the accused as if they have committed a brutal crime, and the extortion that happens in the process is what makes many break and commit suicide. This is the terror of Section 498A. The terror of the power that women have, to get her husband/his family arrested on mere allegations.
The awareness of this power to spoil somebody’s life is being spread by various feminist organizations, in the name of women empowerment. Increased literacy level also plays a role in it, as now, more number of women are aware about these powers. But, it seems unjustified to give somebody a power by which they can misuse government machinery (police and court) for settling personal scores, by filing false cases.
It certainly looks less of women empowerment, which works for equality, and more of giving abusive powers, without setting any accountability or punishment for misuse.
Every accused is treated in more or less the same way by the police. The validity or truth of allegations will be proved later (sometimes decades later), but until then, it is considered that whatever a woman has alleged is the absolute truth. The National Crime Records Bureau (NCRB) data reveals the fate of most cases under Section 498A, where the conviction rate is merely 13%, and pendency remains as high as 89%. Cases are filed and remain pending in the court for years. But, all the accused are to be arrested as soon as the case is filed, because this section of the IPC is non-bailable, and only a court can grant bail to them, after producing sureties of required amount. This arrest is what makes Section 498A the most terrifying among other family laws, and qualifies it to be a criminal case.
The police has a very crucial role to play, with its investigation power. But, the same police files a charge sheet very casually, in 93% of cases. It certainly raises a question on the work of police, as to why, after their careful investigation, such a low number of accused are convicted. It certainly creates a doubt. But, they are also bound to do this, due to the constraints of law, which considers that whatever a woman has stated is to be considered true. They even cannot refuse to register an FIR.
Later, the court also follows the same procedure when the accused applies for a bail or a stay on the arrest. The courts deny bail on the basis of prima facie allegations confirming the probability of crime happening.
It seems like, technically, if someone wants to be assured of the accused's arrest, the allegations are to be framed in such a way that the court easily sees the probability that the crime has occurred prima facia.
Those accused under Section 498A are not serial abusers of law or criminals or terrorists, but still, they are treated as hardcore criminals. Most of the cases under Section 498A arise out of misunderstanding or ego clashes at home, and are filed to settle personal scores. The entire family of the husband is made accused in the case to 'teach them a lesson'.
It is very easy to file a case under Section 498A, and everything will follow once the FIR is registered. But, the amount of harassment that an accused and his family face cannot be described in words. The shame of being arrested, the terror of the police, who treat the accused as if they have committed a brutal crime, and the extortion that happens in the process is what makes many break and commit suicide. This is the terror of Section 498A. The terror of the power that women have, to get her husband/his family arrested on mere allegations.
The awareness of this power to spoil somebody’s life is being spread by various feminist organizations, in the name of women empowerment. Increased literacy level also plays a role in it, as now, more number of women are aware about these powers. But, it seems unjustified to give somebody a power by which they can misuse government machinery (police and court) for settling personal scores, by filing false cases.
It certainly looks less of women empowerment, which works for equality, and more of giving abusive powers, without setting any accountability or punishment for misuse.
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Sir/Madame, as per your query, it so appears that an F.I.R. has been lodged against you under section 498-A I.P.C. and the local police is calling you to join the investigation but this matter is punishable only up to 3 years and in such matters the law laid down by Apex Court in the case of Arnesh Kumar , they cannot arrest you without recording of reasons moreover they have to supply you a notice in writing. But if they are not following the procedure laid down by Apex Court ,it may attract contempt and other criminal and civil consequences and you may prefer a writ petition for your personal liberty.
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Adv. Piyush Shrivastava
Lucknow | 100+ Answers
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