Archive for May, 2012

AP Police’s Procedures on 498A Investigations

I found this on the web and I credit this to the original poster:

http://498amisuse.files.wordpress.com/2010/08/ap-cid-page-i1.jpg

I’m hosting a copy locally in case the original disappears.

These documents (in jpg format) were sent by the AP police in response to an RTI request, which  asked the AP police to detail the procedures followed in investigating 498A cases. The response  consists of two pages.  These documents can be used to file RTI requests to see if these procedures were followed by the police.

To file an RTI request to the AP police, address your application to:

THE PUBLIC INFORMATION OFFICER,

ASST. INSPECTOR GENERAL OF POLICE (ADMIN)

OFFICE OF THE DIRECTOR GENERAL OF POLICE,

SAIFABAD,

LAKDIKAPUL,

HYDERABAD

Here are the documents detailing the 498A investigative procedures. Click the images below to print them:

This is page 1

Image

This is page 2.

Image

________________________________________________________

AP Ends Immediates Arrests on Receiving 498A Complaints

The arrest of any person in a cognizable case which doesn’t involve violent crimes, such as Section 498A, is illegal per Indian law. Due to beliefs propagated by the police, lawyers, and abetted by moronic magistrates, hundreds of thousands, across India, have been arrested under Section 498A. Fortunately, changes have been introduced in the penal code through the CrPC amendments which have ended this practice.

Some police depts have also taken steps to end the practice of arresting people on the the filing of a 498A complaint. Here’s a copy of one such circular sent by the office of the DGP of AP to most districts in the state of Andhra Pradesh:

AP DGP’s Circular Ending 498A Arrests Across the State

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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