Can an accused in 498a form a family welfare committee

562 votes

Supreme Court has said that there will be no arrests under Section 498A, unless the District Family Welfare Committee report vets domestic violence by family members. The family welfare committees have been constituted in compliance with the order passed by the Supreme Court in July 2017 . The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority. The report of the committee may be then considered by the Investigating Officer or the Magistrate on its own merit. So if a person is accused in 498a case he could not chair the committee . If you have objection then file petition before district or session judge

Advocate Ajay NS LawRato

941 votes

Prima facie an accused in 498a to be member or chairman of Family Welfare Committees constituted to hear these cases is totally unethical and self-destructive uptil the time of adjudication of the case and accused acquitted of offence.

LawRato LawRato