Legal Question in Civil Rights Law in India

section 498A is mostly abused and is well known as legal terrorism. People are mostly worried of unwarranted custody of the accused by the police, since detention/ custody / arrest is not imaginable to many innocent citizens.

Now my question to you is as follows:

If the acused is taken by a police for quetining , why not they release the accused with a guarentee or financial security to be given by the friends or relatives on the spot to the police officer , without taking the person into custody of the accused , pending legal proceeding?

M.Narayana , Rtrd sr executive, bhel , bangalore


Asked on 1/12/11, 10:56 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there have been amendments in the criminal procedure code that in case the accused has joined the investigation, it is necessary that he be arrested. moreover, in 498a case, the arrest is rare unless the allegations are very serious.

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Answered on 1/12/11, 11:08 pm


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