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Report No. 243

Ms. Nagaratna A., Asstt. Professor of Law, NLSIU, Bangalore:

Offence should be made bailable and compoundable with the permission of Court. The Police soon after recording FIR must commence investigation and find out the existence of prima facie case. At no point Police shall have the power to arrest the accused without warrant of a Magistrate. Aged parents and sisters of the husband and other relatives must be spared from the ill-effects of unnecessary arrest.

For the purpose of arrest, the offence should be made non-cognizable; but, for the purpose of investigation, it shall remain cognizable so that the I.O. can commence the investigation without waiting for permission by a Magistrate like in a non-cognizable offence. Secondly, the I.O. shall have the power to arrest only after fulfilling the conditions laid down under the amended Cr.P.C. CWCs shall be headed by well-qualified and trained women Inspectors. LSA can play a role for conciliation at pre-investigation and pretrial stage.

Section 498-A of the Indian Penal Code Back

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