Make marital offences coumpoundable, bailable: Delhi HC NEW DELHI, MAY 21 (PTI) In view of the rampant misuse of two anti-dowry provisions of the IPC, the Delhi High Court has suggested that the matrimonial offences should necessarily be made compoundable and bailable too, if no grave physical injury is inflicted. In a landmark judgment, Justice J D Kapoor recommended that investigation into these offences be vested in civil authorities like Executive Magistrates and cognizance should be taken only after his findings on the commission of offences under Section 406 (misappropriation of dowry articles) and Section 498-A (harassment for dowry) of IPC. Till such a mechanism is evolved, no police officer below the rank of ACP for the offences under Section 498/406 IPC and DCP for the offences under Section 304-B IPC i.e. dowry death should be vested with investigation..., Justice Kapoor said. Where minor school going children are named, they shall not be arrested and be sent to the court for taking cognizance and further proceedings, the court said adding their arrest ruins their future life and lowers their self-esteem. Justice Kapoors all important obiter dicta came on an appeal challenging a trial court decision to frame charge of dowry harassment only against the husband and father-in-law and the charge of misappropriation of dowry against the husband alone and not against other members of his family. Upholding the March 13 order of Metropolitan Magistrate Nisha Saxena, Justice Kapoor said the only allegation that the petitioners brother-in-law and sisters-in-law did not like or accept the customary gifts brought by her did not amount to harassment or cruelty as contemplated under Section 498-A.While commenting on the extent of misuse of these two provisions, Justice Kapoor said that it is hitting at the foundation of marriage itself and has proved to be not so good for the health of the society at large. These provisions were though made with good intentions, their implementation has left a very bad taste and the move has been counter-productive, he said. Observing that sometimes the remedies are worse than the disease, Justice Kapoor said having seen and experienced the enforcement of these laws for decades, time has come to take stock and review them as thousands of marriages have been sacrificed at the altar of this provision. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative - including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband... the court said. Lamenting that this social evil has been allowed to be dealt with iron and heavy hands of the police, Justice Kapoor said these provisions have a tendency to destroy the whole social fabric as power to arrest anybody by extending or determining the definition of harassment or cruelty vests with the lower police functionaries and not with officers of higher rank who have intellectual capacity to deal with the subject. The court noted that the abuse of these provisions has resulted in a large number of divorce cases as the arrest of family members made it difficult to salvage the marriage. The marriage ends as soon as a complaint is lodged and the cognizance is taken by the police, he said.
Posted on: Sun, 30 Mar 2014 17:21:17 +0000
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