Latest Supreme Court Guidelines in 498a Dowry Harassment cases

Many a times we see special legal provisions which were meant to provide protection to a section of society are instead misused for personal vendetta and satisfaction of ego and 498a is no exception.

Not only this, it has been widely acknowledged in various studies and judgments that 498a is misused to a greater extent and the same point was raised in the present petition we are discussing here in this post that was filed before Hon'ble Apex court. 

Latest Supreme Court Guidelines in 498a Dowry Harassment casesin favour of men to prevent its misuse

It is also apparent from various reports of National Crime Record Bureau that 498a is being misused from so long. In 2005, 6,141 cases were declared false on account of mistake of fact or law. While in 2009 8,352 cases were declared false on account of mistake of fact or law.

Moreover, Records of year 2012 showed something most surprisingly the rate of charge-sheet filing for the year 2012, under Section 498A IPC was at an exponential height of 93.6% while the conviction rate was at a staggering low at 14.4% only.

The Report stated that as many as 3,72,706 cases were pending trial of which 3,17,000 were projected to be acquitted.

The Supreme court has issued several guidelines to prevent the misuse of Section 498a i.e. filing of false and frivolous cruelty and dowry harassment cases and roping all family members and also distant relatives by making false allegations against them.

In the present Petition titled Rajesh Sharma v. State of U.P., (SC) 2017 AIR (SC) 3869 : 2017(3) R.C.R.(Criminal) 836 the following directions were issued by The Apex court in the Para 19 of the Judgment as follows:

19. Thus, after careful consideration of the whole issue, we consider it fit to give following directions :-
i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.

 (c) The Committee members will not be called as witnesses.

(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.

(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.

(f) The committee may give its brief report about the factual aspects and its opinion in the matter.

(g) Till report of the committee is received, no arrest should normally be effected.

(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.

(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.

(j) The Members of the committee may be given such honorarium as may be considered viable.

(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.

ii) Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord; iv) If a bail application is filed with at least one clear day's notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/custody and interest of justice must be carefully weighed;

v) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and

vii) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

viii) These directions will not apply to the offences involving tangible physical injuries or death.