My law
 It is often seen that Investigation officers do not fallow the circular issued by DG & IGP of karnatka dated 01-10-2010   which has been issued on the guide lines of supreme court regarding section 498 A of Indian penal code. The officers either have not seen the circular or ignorant of the same.
    

Karnataka DGP Circular – 498A arrest guidelines

English Translation:

No: 10/ /2010                                         Director general and Inspector General of Police

                                                               Station, Nrupatunga road, Bangalore

                                                               Date: 01-10-2010

Sub:  Under 498, 498a I.P.C and Dowry prohibition act, the Procedure to arrest the Accused.

Based on the study of complaints of 498, 498a IPC and Dowry prohibition act, some of the cases registered against the husband and his near and dear innocent relatives found making false allegation. It is common that in these kinds of complaints the petitioner happens to involve the accused relatives. And after investigation it is seen that the in this type of complaints the accused remains/found as innocent. The Police officers make mistake without making the decision whether they have to arrest accused or not after collecting the correct witness and proof of evidence.

According to Orders of Honorable Supreme court of India in Jogindar Kumar vs Uttar Pradesh state direction. Police officers have got power to arrest as per C.R.P.C 41. BUT before arresting they have to do the investigation and collect the enough witness and proof of evidence. Then they have the confirm whether he/she (accused) can be arrested. Then the accused is arrested. Otherwise Arresting the accused based on the complaint of anybody or because of the names are there in FIR is not correct.

Taking the consideration as per above guideline of Honorable Supreme court of India, It is necessary to take Action to Protect the Human rights of any innocent human being.

Because of this before arresting any person (Female, Male and Children’s) under these acts, the investigation report should be reviewed by the corresponding superintendent of police/Deputy commissioner of police and upon getting the permission only the accused should be arrested. In this regard the corrsponding police officers should submit the collected evidence to corresponding superintendent of police/Deputy commissioner of police for review. The higher offices after analyzing the merits and each of the accused, they have to take decision to whether to arrest or not. It is proper to arrest once after getting the permission.

In all there kinds of complaints or Acts .The procedure should be followed or noticed by all higher officials. 

                                                Director general and inspecter general of police

To,

1)  To all police offices (Names)

2.) To all police officers K.G.F and Railways.(Names)

Copy 

To all jurisidiction Police officers

DGP_Circular_kanada_1

DGP_Circular_kanada_2

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   Our endeavour in this judgment is to ensure

that   police   officers   do   not   arrest   accused

unnecessarily and Magistrate do not authorise

detention casually and mechanically.  In order

to ensure what we have observed above, we give

the following direction:

(1) All the State Governments to instruct its

police officers not to automatically arrest

when a case under Section 498-A of the IPC

is registered but to satisfy themselves

about the necessity for arrest under the

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parameters laid down above flowing from

Section 41, Cr.PC;

(2) All police officers be provided with a

check list containing specified sub-clauses

under Section 41(1)(b)(ii);

(3) The police officer shall forward the check

list duly filed and furnish the reasons and

materials which necessitated the arrest,

while   forwarding/producing   the   accused

before   the   Magistrate   for   further

detention;

(4) The Magistrate while authorising detention

of the accused shall peruse the report

furnished by the police officer in terms

aforesaid   and   only   after   recording   its

satisfaction, the Magistrate will authorise

detention;

(5) The decision not to arrest an accused, be

forwarded   to   the   Magistrate   within   two

weeks from the date of the institution of

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the case with a copy to the Magistrate

which may be extended by the Superintendent

of police of the district for the reasons

to be recorded in writing;

(6) Notice of appearance in terms of Section

41A of Cr.PC be served on the accused

within   two   weeks   from   the   date   of

institution   of   the   case,   which   may   be

extended by the Superintendent of Police of

the District for the reasons to be recorded

in writing;

(7) Failure   to   comply   with   the   directions

aforesaid shall apart from rendering the

police   officers   concerned   liable   for

departmental action, they shall also be

liable to be punished for contempt of court

to be instituted before High Court having

territorial jurisdiction.

(8) Authorising   detention   without   recording

reasons   as   aforesaid   by   the   judicial

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Magistrate concerned shall be liable for

departmental action by the appropriate High

Court.

We hasten to add that the directions

aforesaid shall not only apply to the cases

under Section 498-A of the I.P.C. or Section 4

of the Dowry Prohibition Act, the case in

hand, but also such cases where offence is

punishable with imprisonment for a term which

may be less than seven years or which may

extend to seven years; whether with or without

fine.

We direct that a copy of this judgment be

forwarded to the Chief Secretaries as also the

Director Generals of Police of all the State

Governments and the Union Territories and the

Registrar General of all the High Courts for

onward   transmission   and   ensuring   its

compliance.

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By order dated 31  of October, 2013, this
st

Court had granted provisional bail to the

appellant on certain conditions. We make this

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order absolute.

In the result, we allow this appeal,

making our aforesaid order dated 31  October,
st

2013 absolute; with the directions aforesaid.

………………………………………………………………J

(CHANDRAMAULI KR. PRASAD)

………………………………………………………………J

(PINAKI CHANDRA GHOSE)

NEW DELHI,

July 2, 2014.