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What to do when IO calls in 498-A cases?
27-Apr-2023 (In Family Law)
I have received a call from investigating officer in a domestic violence matter. Please advise how to go about it.
When you receive a call from the Investigating Officer (IO) you might face a panic attack after knowing that your wife has lodged a 498A case against you and your family.
The IO is bound to ask you to visit police station i.e. the Crime against Women (CAW) cell.
In the CAW, the IO and other mediatorsstart pressurizing you to settle the matter.
The matter may be forwarded to mediation after both parties approve of it.
Reasons for continuous calls
The calls from CAW cell are against the law but are meant to make sure you don’t leave the city. However, even if you participate and attend the mediation the CAW complaint will get converted into an FIR.
The main reason for these persistent calls is only to put pressure on you to settle the issue with wife but, if you fail to settle it then the FIR is converted and the case begins.
How to deal with police harassment?
According to arecent Delhi High Court Judgement certain guidelines have been provided under Section- 41A of the CrPC that a Written Notice with prescribed format has to be sent to the accused (husband) while summoning him to appear before the IO. So, if the IO calls the husband and his relatives by making a mobile call then it is not permitted under the law.
Anticipatory Bail in 498-A
The provision of anticipatory bail in 498-A is extremely advantageous and highly recommended since the family comes under deep pressure knowing about the complaint.
Therefore, it is not advisable to visit the IO without the required protection from the court i.e. Anticipatory Bail.
The process of getting Anticipatory Bail in 498-A
One can get anticipatory bail on the basis of the facts of the case. The conditions required for anticipatory bail are not very stringent but even if they are you can always challenge the decision.
In a recent judgment on 498-A i.e. Rajesh Sharma vs. State of Uttar Pradesh there has been a stay on automatic arrest in cases of 498-A. However, the judgement has been challenged in the higher court and the final verdict is still awaited.
Judgement on 41-A by Delhi High Court
The judgment clearly mentions that Police officers should be compulsorily required to issue notices under Section- 41A of the CrPC in the format prescribed and be servedf ormally in the manner and in accordance with the terms and provisions contained in Chapter- VI of the Code.
The IO is bound to ask you to visit police station i.e. the Crime against Women (CAW) cell.
In the CAW, the IO and other mediatorsstart pressurizing you to settle the matter.
The matter may be forwarded to mediation after both parties approve of it.
Reasons for continuous calls
The calls from CAW cell are against the law but are meant to make sure you don’t leave the city. However, even if you participate and attend the mediation the CAW complaint will get converted into an FIR.
The main reason for these persistent calls is only to put pressure on you to settle the issue with wife but, if you fail to settle it then the FIR is converted and the case begins.
How to deal with police harassment?
According to arecent Delhi High Court Judgement certain guidelines have been provided under Section- 41A of the CrPC that a Written Notice with prescribed format has to be sent to the accused (husband) while summoning him to appear before the IO. So, if the IO calls the husband and his relatives by making a mobile call then it is not permitted under the law.
Anticipatory Bail in 498-A
The provision of anticipatory bail in 498-A is extremely advantageous and highly recommended since the family comes under deep pressure knowing about the complaint.
Therefore, it is not advisable to visit the IO without the required protection from the court i.e. Anticipatory Bail.
The process of getting Anticipatory Bail in 498-A
One can get anticipatory bail on the basis of the facts of the case. The conditions required for anticipatory bail are not very stringent but even if they are you can always challenge the decision.
In a recent judgment on 498-A i.e. Rajesh Sharma vs. State of Uttar Pradesh there has been a stay on automatic arrest in cases of 498-A. However, the judgement has been challenged in the higher court and the final verdict is still awaited.
Judgement on 41-A by Delhi High Court
The judgment clearly mentions that Police officers should be compulsorily required to issue notices under Section- 41A of the CrPC in the format prescribed and be servedf ormally in the manner and in accordance with the terms and provisions contained in Chapter- VI of the Code.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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