Supreme Court on Wednesday said women were increasingly using the anti-dowry law to harass in-laws and restrained police from mechanically arresting the husband and his relatives on mere lodging of a complaint under Section 498A of the Indian Penal Code. The court asked state governments to ensure that the police didn’t go on an arresting spree -- as was the practice -- in dowry harassment cases. The attitude to arrest first and then proceed with the rest was "despicable" and must be curbed, it said. The police would have to give reasons and proof to magistrate before making an arrest, the court said.
About IPC Section 498A: Section 498A was inserted into the Indian Penal Code in 1983 via an amendment. It protects the wife from harassment by the husband or the husband's family in cases where an illegal dowry is sought. The section reads:
498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.
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