observation of Arnesh kumar case (2014)

Summary of judgment ARNESH KUMAR VS STATE OF BIHAR

 

Facts:

1.The petitioner’s wife filed a complaint under sec. 498 A of Indian penal code and sec. 4 of Dowry prohibition act.

  1. the wife claimed that his husband and relatives of husband tortures her and demands dowry, and the husband supports his parents and threatens to marry another woman.
  2. And because of non-fulfillments of demand, she was driven out of her matrimonial home.
  3. The facts of this case are that a Petition was filed in response to the refusal of Anticipatory Bail by both the Session and High Courts. However, the facts are irrelevant in this case because the Apex Court stated at the end of the judgment that these facts apply not just to situations involving matrimonial offenses, but also to other situations in which the offense is punishable by imprisonment for a term that may include a period of time.

Observation by the court:

  1. A police officer needs not arrest the accused automatically and instead they should use the provision of Section 41 of CrPC and make the desired inquiry.
  2. Police officers arresting the accused should make a checklist and present it in front of the magistrate for further detention.
  3. The authorized magistrate will allow the detention only when he/she is satisfied with the charges and will allow detention after recording his/her observation, failing to which will be liable for action.
  4. This is applicable to section 498A of IPC as well the section 4 for Dowry Prohibition Act.
  5. Passports of NRI should not be routinely compounded.
  6. Appearance in the court can be done through video conferencing.
  7. The above directives are not applicable for the offense of deaths or tangible physical injuries.
  8. The family welfare committee needs to be established in each district by the District Legal Service Authority which should have 3 members consisting of paralegals, social workers, and volunteers.
  9. Every such complaint must be referred to committee.
  10. Till report of committee is receipted, till the no arrest should be made.
  11. Complaint under section 498A may be investigated by designated investigating officers of the area.
  12. If settlement is made in cases relating to matrimonial discord the district/session judge can dispose the proceeding and close the criminal case.

In respect to NRI impounding of passport should not be a routine or mechanically applied

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