AP High Court issues guidelines to check misuse of Anti-dowry Act
January 21, 2014 - Hyderabad
Andhra Pradesh High Court has issued certain guidelines to check the misuse of Section 498A of IPC (Anti Dowry Act).
The court directed them to enforce these guidelines in strictly. One of the main directions given to them is not to arrest the accused involved in dowry harassment cases without the permission of the district Superintendent of Police or any other officer of the equal rank in metropolitan cities.
Justice B Chandra Kumar in an order said that no accused should be arrested when the allegation is simple dowry harassment. He said that if arrest is necessary, the investigating officer should obtain the permission of either the SP or any other officer of the equal rank in metropolitan cities', he said. He directed the magistrates to ensure that no accused was remanded in judicial custody in a routine manner. When an accused is produced before the magistrate, the court should examine the matter judiciously and consider whether there are valid grounds for remaining him in judicial custody, he said.
The High Court judge made it clear that in the case of dowry death suspicious death and suicide or where the allegations are serious nature, the police officer may arrest and inform the same to the SP concerned.