12 7 the guidelines 13 given by the apex court on

  • No School
  • AA 1
  • 5

This preview shows page 4 - 5 out of 5 pages.

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
Image of page 4
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.
Image of page 5

You've reached the end of your free preview.

Want to read all 5 pages?

  • Fall '19
  • HARASSMENT

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors