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No Arrest before making proper investigation=DCP 
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
VISAKHAPATNAM: Bridegrooms and their relatives who face the threat of being harassed by brides and their family members under Section 498 A or Dowry Prohibition Act can now breathe easy.

Briefing the press here on Thursday, coordinator of Save Indian Family Foundation B.K. Agarwal informed that Commissioner of Police N. Sambasiva Rao had accepted to send a circular to all police stations under his jurisdiction instructing the officers concerned not to arrest any person under Sec 498 A or the Dowry Prohibition Act without making a proper investigation and obtaining a written permission from the officer of the rank of a Deputy Commissioner of Police or Assistant Commissioner of Police. The investigating officer should submit full details of the case diary and investigation report to the DCP or the ACP prior to obtaining the permission.

“The Commissioner’s order will be in line with the Apex Court’s judgment in the case of Joginder Kumar Vs the State of UP of 1994 and the order issued by the then Commissioner of Police of Hyderabad in 2002,” said Mr. Agarwal.

As of now, the section empowers the police to arrest any person, be they husband, in-laws or distant relatives, solely based on the complaint filed by the married woman without a warrant and under the pretext of dowry harassment. The section or the Act prescribes for issuance of non-bailable warrants, it is non-compoundable and is treated as a cognisable offence. It has been made compoundable only in Andhra Pradesh.

Src:SIF site

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Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Wed Jul 29, 2009 9:17 pm
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Joined: Tue Mar 18, 2008 1:44 pm
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Location: Delhi (India)
Good News!


Thu Jul 30, 2009 4:43 am
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Joined: Tue Dec 23, 2008 11:58 am
Posts: 88
its a welcome news for all innocent people fighting against the menace of 498


Thu Jul 30, 2009 2:50 pm
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Joined: Wed Nov 12, 2008 2:47 pm
Posts: 136
Good news indeed ! Hope some day in the near future, this same policy/rule will be applicable all over India.


Thu Jul 30, 2009 3:32 pm
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Joined: Fri Apr 17, 2009 6:40 pm
Posts: 136
I understand that this was the case earlier too in AP. However, as late as June of this year 498anewvictim/ne498victims were put in Jail and that too in Hyderabad.

So I am not sure. The 'proper investigation' is/may again be a gray area.


Thu Jul 30, 2009 4:30 pm
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Joined: Thu Mar 12, 2009 5:19 pm
Posts: 631
It is always a gray area. Those letters matter little, but something like that will help to corner the police. How many hapless people know that a circular like that exists.

-savemyself


Thu Jul 30, 2009 4:35 pm
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Joined: Fri Apr 17, 2009 6:40 pm
Posts: 136
Again,

I am not sure about authenticity of this link/pdf, See a similar circular (which is dated 2002)

http://ipc498a.files.wordpress.com/2008 ... arrest.pdf

http://ipc498a.wordpress.com/2008/03/29 ... ases-2002/


Thu Jul 30, 2009 4:36 pm
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