SC rules out immediate arrest in dowry cases, directs states to form family welfare committee

New Delhi: Putting an end to immediate arrests in dowry harassment cases, under Section 498A of Indian Penal Code (IPC) , the Supreme Court on Thursday ruled that police can not take 'coercive' action without conducting a preliminary inquiry. The court's order came in the wake of alleged misuse of the anti-dowry harassment law framed in 1983.

The court also directed states to set up a family welfare committees (FWC), comprising three members in every district across the country to keep an eye on the veracity of each complaint. As per the reports, social workers, retired persons, wives of working officers, para-legal volunteers and other citizens who may be found suitable and willing could become committee members. However, they will not be called as witnesses. 

A bench of Justices A K Goel and UU Lalit said,“Every complaint under Section 498A received by the police or the Magistrate should be referred to and looked into by such a committee.”

Leading daily The Tribune, quoted the bench saying,“Till the report of the committee is received, no arrest should normally be affected. The report may be then considered by the Investigating Officer or the Magistrate on its own merit.” 

The top court directed that a designated police officer should be appointed to deal with complaints under Section 498A.