In a dispute between a husband and a wife, a case of dowry victimization is a common occurrence. But the arrest is not necessary in every dowry case, said Allahabad HC.
The Allahabad HC has cleared that as per the provisions of CrPC, in crimes with up to seven years imprisonment, arrest can take place only in special cases. Special cases where the Police has real apprehension (backed by real evidence and apprehension) that unless arrested the defendant will intimidate the plaintiff (who has filed the case) , tamper with evidence or intimidate the witnesses. If there’s no such apprehension , then arrest is not necessary. And making arrest in non-special cases is illegal.
Notably, the Anti-dowry Act of 498 (A) comes under this category of crimes (where imprisonment doesn’t exceed Seven years).
The Allahabad HC bench of Justice DP Singh and justice AH Khan was responding to the petition filed by one Antim Singh of Bhadohi. Singh in his petition claimed that the police is harassing him and his family on the pretext of arrest.
The HC bench said that under the amended provisions of CrPC 41 (1) (B), the arrest of the plaintiff (Antim Singh) can only be made if special circumstances exist in the case.