Powers of Police under Section 498A IPC curtailed – The Chambers of Law, New Delhi

The Hon’ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27^th July, 2017 inter-alia gave the following guidelines in regard to registration of FIR under Section 498A IPC:

-Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today.

-In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings.

-In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine.

–Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.