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Report No. 243

16. Amendment of Section 41 Cr.PC by the addition of sub-section (3)

16.1 At the same time, in the interest of uniformity and certainty, it is desirable that the essential guidelines are placed within legislative framework, to the extent necessary. We therefore suggest that sub-section (3) may be added to Section 41 of Cr.PC on the following lines:

(3): Where information of the nature specified in clause(b) of subsection( 1) of Section 41 has been received regarding the commission of offence under section 498-A of Indian Penal Code, before the police officer resorts to the power of arrest, shall set in motion the steps for reconciliation between the parties and await its outcome for a period of 30 days, unless the facts disclose that an aggravated form of cruelty falling under clause (a) of Explanation to Section 498-A has been committed and the arrest of the accused in such a case is necessary for one of the reasons specified in clause (b) of Section 41.

16.2 We would like to add that this proposed sub-section is not something materially different from the existing law and perhaps its utility lies in making explicit what is really implicit in light of the peculiar problems related to enforcement of S, 498-A. It is a procedural amendment which may act against inappropriate use of provision while at the same time not diluting the importance of life and liberty protection to women.

Section 498-A of the Indian Penal Code Back

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