New Delhi: The Supreme Court on Wednesday orally observed that courts cannot dilute the IPC Section 498A providing for arrest for dowry menace which is a cognisable offence.
The CJI Dipak Misra heading a three-Judge bench, told a battery of lawyers seeking review of the July verdict framing guidelines for arrest, “Why should there be a guideline for an IPC provision. There can be a guideline for investigation but not for arrest. How can they supervise the arrest? We (court) are creating a jurisdiction beyond the statute, which only Parliament can do.”
Giving a series of guidelines, the apex court in July ordered setting up of family welfare committee in each district.
Nyayadhar, a ladies organisation strongly opposed these directions and sought modification. It was pointed out that a married woman whenever goes to the police station to make a complaint against her husband and other close relations takes a risk to fight with society at large but being left with no other remedy against cruelty and harassment ultimately choose this last resort.
The CJI said “We are not in agreement with the earlier judgment diluting the rigour of Section 498A.”
