Chances of getting Anticipatory Bail in cases of 498a/406

Chances of getting Anticipatory Bail in cases of 498a/406



The Supreme court quoted that the sections under 498a and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as legal terrorism”.



The supreme court in recent judgement of Arnesh Kumar Vs. State of Bihar has made mandatory compliance of guidelines

All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;



All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii);