From now on, there will be no immediate arrest in 'domestic violence cases' without CJM's approval - Calcutta High Court

Calcutta High Court Registrar General Chaitali Chattopadhyay issued a major notification on Monday (August 28). Chattopadhyay said in the notification, "All police stations in the state to be alert about prompt and non-urgent arrests of persons accused under section 498(A) of IPC in domestic violence against women.

This notification, issued by the Registrar General, was uploaded on the website of the Calcutta High Court on Tuesday. Explain that a recent order of the Supreme Court has been mentioned in this regard, in which the police officers concerned have been warned of punishment for violating norms in such a case.

According to the notification, the police officer investigating a case under section 498(A) of the IPC should first thoroughly examine the merits of the complaint filed under this section in a particular case. If the investigating officer finds truth in the complaint, he has to prepare a checklist of grounds under which the accused can be detained.

The investigating officer will then have to make a presentation to the concerned Chief Judicial Magistrate (CJM), who will finally decide whether to take the accused into custody or not. If the investigating officer concerned does not find much truth in the complaint filed under this section, he shall inform the concerned Superintendent of Police (SP) within two days of the complaint with a report as to why no arrest has been made in the particular case. should be done.

The Calcutta High Court directive states that preliminary interrogation of the accused will also have to be completed within a period. Welcoming the move, Senior Advocate Kaushik Gupta of the High Court said that the order is so timely that section 498(A) has been grossly misused by the complainants, as as soon as the complaint is lodged, under this section There is a provision for arrest as soon as possible. In any civilized society, punishment cannot be given before the case. So this is a timely step taken by the Calcutta High Court.