12 7 the guidelines 13 given by the apex court on

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12 7. The guidelines 13 given by the apex court on 2/7/2014 needs to be adhered to strictly. These guidelines may be summarized thus:- i) Sec 41 Cr Pc may be circulated with a list of items to be satisfied, before the power of arrest is exercised; ii) The power of arrest should not be automatically exercised, merely because of FIR being registered; iii) The police officers affecting the arrest should furnish all the details as required under Sec 41 to the magistrate explaining the expediency to arrest and the need for further detention to be ordered by the magistrate. The material should satisfy the criteria laid down under Sec 41 Cr Pc. iv) The magistrate must apply his mind to the police report before authorizing further detention of the accused persons and record his reasons in writing in support of his order; and 9 In Re Sushil Kumar’s case, 2005 (6) SCC P.281. 10 AIR 1994 SC P.1349. 11 AIR 2011 SC P.312. 12 See also Sec 41 of Cr Pc. 13 These guidelines wsere given in a special leave petition (Crl) 9127 of 2013
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5 v) In case of the persons not being arrested, a report should be sent to the magistrate by the police officer concerned containing a) the reasons for not arresting b) other material facts and circumstances justifying the non-arrest of the person concerned. 8. A suitable amendment to Sec 498-A is the imperative need of the hour. The number of false cases is not a material consideration, as even an accused person is harassed, it is sufficient to protect his rights. After all human rights of persons, whether of husband or wife or the relatives of the wife have to be protected. The amendment may be in the following terms:- Sec 498-B - Any women or other person making a false complaint under section 498-B against her husband or his relatives shall be guilty of an offence punishable by law upto two years of imprisonment or a fine which may extend to Rs.15,000/-. An offence under this section shall be non-cognizable, bailable and compoundable.
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