When can Police Arrest in cases of Marital Disputes?

Marital disputes need to be handled with extra care and sensitivity by police and courts alike. Unlike other offences people involved in marital disputes are ordinary citizens with no criminal or offending backgrounds. Any intervention by the state machinery, specially police, needs to be exercised with due caution. Moreso when bad marriages are bringing more false criminal cases to courts.

Recently by Act No. 5 of 2009, the newly introduced Section 41 (1) (b), has been given effect to from 1.11.2010.

This sub-section provides that if some material or credible information exists of an accused being involved in a cognizable offence punishable with 7 years imprisonment or less with or without fine, the Police Officer has only to make an arrest, if he is satisfied that such arrest is necessary-

  1. to prevent such person from committing any further offence;
  2. for proper investigation of the offence;
  3. to prevent such person from causing the evidence of the offence to disappear or tampering with the evidence in any manner;
  4. for preventing such person from making any inducement, threat or promise to a witness to dissuade him from disclosing such facts to the Court or the Police Officer
  5. or unless such a person is arrested, he may not appear in the Court when required.

This new provision has forestalled any routine arrests simply because a person is said to be involved in a cognizable offence punishable with imprisonment up to 7 years. The arrest is only to be effected if any or all of the five conditions abovementioned are fulfilled.

For making or for not making such arrest, the Police Officer has to record his reasons. In contrast to this provision, under Section 41 (1) (ba) such a limitation has not been provided for those cases, where credible information has been received that a person has committed an offence punishable with imprisonment of over 7 years.

Click here to read:

SUPREME COURT directions to Police & Magistrates
Power of Arrest
Read More:

The Code of Criminal Procedure (Amendment) Bill, 2010
Code of Criminal Procedure (Amendment) Act, 2008 enforced
Act becomes Law when notified in Gazette of India

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