The Supreme Court on Wednesday gave a judgement which would encourage the Men's Right Activists. It stated that the anti-dowry law to harass in-laws was being increasing misused by the women. It, therefore, ordered that police would not mechanically arrest the husband and his relatives on mere lodging of a complaint under Section 498A of the Indian Penal Code.
Citing very low conviction rate in such cases, it directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code".
The Court was visibly upset over the rampant misuse of Section 498A of IPC by unscrupulous women and a bench of Justices C K Prasad and P C Ghose said if the accused was arrested by the Police, the magistrate should weigh the preliminary evidence against the Section 41 checklist before allowing further detention.
"The magistrate, while authorising detention of the accused shall peruse the report furnished by the police officer in terms of Section 41 and only after recording its satisfaction, the magistrate will authorize detention," the bench said.