Supreme Court formulates remedial measures for misuse of Section 498-A IPC - Rajesh Sharma v. State of U.P., CRIMINAL APPEAL NO. 1265 OF 2017, decided on 27.07.2017
the Bench of A.K. Goel and U.U. Lalit, JJ gave the below mentioned directions to deal with the menace, except in case offences involving tangible physical injuries or death, and said that the below mentioned arrangement should be tried for at least 6 months or till 31.03.2018, after which the National Legal Services Authority will have to submit a report to the Court.
The Court said that it is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women and that most of such complaints are filed in the heat of the moment over trivial issues & many are not bona fide. The Court said that involvement of civil society in the aid of administration of justice can be one of the steps to remedy this situation, apart from the investigating officers and the concerned trial courts being sensitized. Steps are following -
- Investigating Officer: Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. He should undergo training of four months for such duration (not less than one week) as may be considered appropriate.
- Bail: 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.
- NRIs: In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine.
- Video Conferencing: 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.
