On Friday, the Supreme Court amended Section 498A of the Indian Penal Code (IPC) and struck down the ‘family welfare committee’, making way for arrests. Section 498A of the IPC pertains to the domestic violence and dowry harassment faced by women and the family welfare committee used to examine dowry or domestic violence related cases before carrying out the arrests.
The three-judge bench of the Supreme Court passed the rule saying that if police find it necessary, they can arrest the person. The bench further added that the arrested person can apply for anticipatory bail.
It will also be appropriate to direct the director-general of police of each state to ensure that investigating officers... should be imparted rigorous training with regard to the principles stated by this court relating to arrest.... The purpose has been to see that the investigating agency does not abuse the power and arrest people at its whim and fancy," Chief Justice of India, Deepak Misra.
A three-judge bench headed by CJI Dipak Misra scrapped the condition laid down in 2017 by another bench that said arrests could be executed only after a family welfare committee files a report.
The three-judge bench that gave out the verdict comprised of Justices AM Khanwilkar, DY Chandrachud, and Dipak Misra.
The three-judge bench added that the investigating officer should be vigilant while handling domestic violence or dowry-related case and should conduct a preliminary inquiry before making an arrest.
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