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498A: Supreme Court does away with family welfare committees, restores role of cops

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498A: Supreme Court does away with family welfare committees, restores role of cops

The Supreme Court on Friday, September 14, did away with the requirement of a family welfare committee to examine veracity of complaints under Section 498A of IPC while advocating balancing of interests of both the sides in dowry harassment cases.

The judgment was rendered by Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud.

Modifying its judgment in Rajesh Sharma v. Union of India, which had laid down safeguards for the prevention of misuse of Section 498A of the Indian Penal Code, the Court scrapped the all-important direction contained in para 19(1) of the 2017 judgment which provided for constitution of Family Welfare Committees in every district to look into complaints under Section 498A and to submit a report on the same after interacting with the parties.

The two-judge Bench that passed the judgment in July 2017 had also directed that no arrest could be made till such committee submitted its report. This direction has now been done away with.

The Court restored the power of the police to decide whether or not to make arrest under Section 498A after it modified an earlier order of the apex court.

The three-judge bench headed by the CJI held that there is no need for a family welfare committee to examine complaints and that police officers, based on facts of the case and governed by the legal provisions, should decide on their own.

It also said that anticipatory bail provision shall remain intact for the husband and his family members.

The Court also favoured the view taken by a two-judge bench that bail plea should be expedited in case of arrests under Section 498A.

It however noted that a Court cannot frame guidelines for the police regarding registration of FIRs on subjecting a married woman to cruelty for dowry, as the process has to be governed by statutory provisions.

“There are no gaps in the law to be filled up by the courts,” said the SC bench.

The top court left it to Parliament to make suitable rules to check abuse of the law. The court said there are in-built remedies in Criminal Procedure to check the misuse of law like Section 41A and anticipatory bail among others.

In October last year, the Supreme Court had indicated that it would revisit its earlier verdict that put an end to automatic arrests under Section 498A of the IPC often invoked in dowry-related cases.

The Supreme Court bench had said it was “not in agreement” with the decision and “prima facie, we perceive that the guidelines may be in the legislative sphere”. “At this stage, we are obligated to state that we are not in agreement with the decision rendered in Rajesh Sharma vs State of UP, because we are disposed to think that it really curtails the rights of the women who are harassed under Section 498A (subjecting a married woman to cruelty) of the Indian Penal Code,” the bench had said.

The court’s earlier verdict, issued on July 27, 2017, had laid down a set of guidelines that included the setting up of family welfare committees to vet complaints of harassment. The court was hearing a PIL filed by NGO Nyayadhar which sought sharpness in Section 498A, claiming that the otherwise “helpful instrument” in the hands of victim women had become “valueless”. It had also sought a direction to include two women members in the three-member family welfare committee as suggested in earlier court order.

On Friday, the three-judge bench headed by CJI Dipak Misra held that such panels had no place under the established criminal procedural law. They were beyond the Code of Criminal Procedure Code.

With this, the Bench restored to the police their power to immediately register an FIR and act on a dowry harassment complaint filed by a married woman.

Chief Justice Misra observed that the Bench of Justices AK Goel (now retired) and UU Lalit, which passed the last year order, merely wanted to craft a fair and reasonable procedure for complaints under Section 498-A. Nevertheless, Justice Goel’s Bench could not have interpreted Section 498-A beyond the scope of the established law, CJI Misra, who authored the 35-page Friday judgment, observed.

Chief Justice Misra reasoned that one of the major factors that influenced the last year order was statistics published by the National Crime Records Bureau, which showed that 1,97,762 husbands and relatives were arrested in 2012 alone for dowry harassment. Justice Goel had observed how an arrest “brings humiliation, curtails freedom and casts scars forever”.

But Chief Justice Misra rationalised that the blame does not lie with Section 498-A, which was introduced in 1983 by Parliament to protect hapless married women against dowry menace. The evil lay in the misuse of arrest powers by the police “who behave like emperors considering the notion that they can do what they please”.

Section 498-A IPC is cognisable and non-bailable offence. A guilty person faces up to three years in prison.

Chief Justice Dipak Misra agreed with the last year order to have a designated police officer to probe dowry complaints. It had ordered the Director General of Police of every State to provide such officers rigorous training.

The Chief Justice however differed with Justice Goel’s direction to empower district judges to close dowry harassment cases if the parties reached out-of-court settlement. Instead, the parties would now have to approach the High Court concerned for quashing of the complaint filed by the married woman.

The Friday judgment concurred with the last year order that recovery of dowry items by itself cannot be a ground for denial of bail to the accused. The judgment also saw eye-to-eye with the direction of Justice Goel that impounding of passport of an accused person or issuance of Red Notice should not be done on a routine basis.

The three-judge Bench also held that accused persons should apply for exemption from personal appearance in dowry harassment hearings.

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BJP and Shiv Sena reach broad seat-sharing deal ahead of BMC elections

BJP and Shiv Sena are close to finalising seat-sharing for 200 wards ahead of the BMC elections, while opposition parties intensify alliance talks across Maharashtra.

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3 hours ago

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December 27, 2025

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BJP Shivsena

The BJP and Shiv Sena have almost sealed their seat-sharing arrangement for the upcoming Brihanmumbai Municipal Corporation (BMC) elections, with an understanding reached on 200 of the total 227 wards in Mumbai, according to sources. The civic body polls are scheduled to be held on January 15.

The agreement was discussed during a late-night meeting of the Mahayuti alliance, which includes the BJP, Shiv Sena and the Ajit Pawar-led NCP. The meeting took place at Maharashtra Chief Minister Eknath Shinde’s residence in Thane and focused on strategy for several key municipal corporations, including Thane, Kalyan-Dombivli and Navi Mumbai.

Sources said similar meetings are lined up for Mumbai and other civic bodies such as Chhatrapati Sambhaji Nagar, Panvel and Mira-Bhayandar, as alliance partners work to finalise ward-level arrangements and campaign planning.

Congress explores new alliances in Mumbai

In Mumbai, Congress leaders are scheduled to meet Prakash Ambedkar’s Vanchit Bahujan Aghadi as the party looks to rebuild its alliance structure after parting ways with the Shiv Sena (Uddhav Balasaheb Thackeray faction). The distancing followed Sena (UBT)’s decision to join hands with the Maharashtra Navnirman Sena led by Raj Thackeray.

Sena (UBT) MP Sanjay Raut has confirmed that the party will contest the BMC elections in alliance with the MNS and the NCP led by Sharad Pawar. The inclusion of the NCP (Sharad Pawar faction) comes after Sharad Pawar rejected a proposal from the Ajit Pawar-led faction that offered limited seat allocation.

Despite the split, sources indicated that discussions may continue, with meetings expected between Sharad Pawar’s daughter Supriya Sule and her cousin Ajit Pawar to determine future political moves.

Local body strategies take shape across Maharashtra

Meanwhile, MNS chief Raj Thackeray is set to hold a meeting with party leaders at his Shivtirth residence to finalise the party’s election strategy, including campaign issues and candidate selection.

In Chhatrapati Sambhaji Nagar, Shiv Sena MLA and minister Sanjay Shirsat will meet BJP leaders, including state ministers Chandrakant Bawankule and Atul Save, to discuss preparations for the civic polls.

Seat-sharing talks are also underway in Mira-Bhayandar, where Shiv Sena leader Pratap Sarnaik and BJP MLA Narendra Mehta are expected to hold discussions. The Ajit Pawar-led NCP, however, is planning to contest the elections independently in the region.

Panvel is set to witness a major opposition meeting involving Sena (UBT), Congress, MNS, NCP (SP), Samajwadi Party and the VBA. The gathering, led by the Peasants and Workers Party, will focus on finalising seat-sharing arrangements and joint election strategies.

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police arrested over 280 accused and detained more than 1,300 individuals under Operation Aaghat 3.0 ahead of New Year, seizing weapons, drugs, liquor and stolen items.

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5 hours ago

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December 27, 2025

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police carried out a large-scale preventive crackdown across sensitive pockets of the national capital ahead of New Year, arresting hundreds of accused and detaining over a thousand individuals to ensure peaceful celebrations.

The overnight operation, conducted under Operation Aaghat 3.0, focused on crime-prone areas and resulted in major seizures, including illegal weapons, narcotics, illicit liquor, cash and stolen property, according to police officials.

Major arrests and seizures during the drive

As part of the intensified security drive, at least 285 accused were arrested under various legal provisions, including the Arms Act, Excise Act, NDPS Act and Gambling Act. In addition, 504 people were detained as a precautionary measure to prevent any untoward incidents during the festive period.

Police officials said the operation led to the recovery of 21 illegal weapons, including country-made pistols, along with 20 live cartridges and 27 knives. Authorities also seized over 12,000 quarters of illicit liquor, around Rs 2.5 lakh in cash, and nearly 7 kg of cannabis from different locations.

Focus on habitual offenders and vehicle theft

The crackdown also targeted repeat offenders. Under the operation, 116 habitual offenders, referred to by police as “bad characters,” were taken into custody, while 10 property offenders were arrested.

To curb vehicle-related crimes during New Year celebrations, police dismantled auto-lifting networks and arrested five auto-lifters. During the raids, 231 two-wheelers and one four-wheeler were seized.

Action against gambling and stolen goods

In a parallel action against gambling activities, police recovered Rs 2.3 lakh in cash. The operation also led to the recovery of about 210 stolen or lost mobile phones, offering relief to several complainants.

Apart from arrests and detentions, a total of 1,306 individuals were rounded up under preventive measures, officials added, stating that the coordinated effort was aimed at maintaining law and order and ensuring a crime-free New Year in the capital.

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Over 2,000 Maoists surrender under Chhattisgarh rehabilitation policy, says CM Vishnu Deo Sai

Chhattisgarh Chief Minister Vishnu Deo Sai said more than 2,000 Maoists have surrendered under the state’s rehabilitation policy, which offers skill training, financial assistance and land support.

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6 hours ago

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December 27, 2025

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CM surrender Maoist

Chhattisgarh Chief Minister Vishnu Deo Sai on Friday said that more than 2,000 Maoists have surrendered so far under the state’s rehabilitation policy, asserting that the government is committed to treating surrendered cadres fairly and supporting their reintegration into society.

Addressing the issue, the Chief Minister said the state government has repeatedly appealed to Maoists to abandon violence and gunfire and return to the mainstream of development. He said the impact of these efforts is now visible, with a large number of cadres laying down arms.

According to Vishnu Deo Sai, the rehabilitation framework focuses on long-term welfare. Surrendered Maoists are being provided skill training along with monthly financial assistance of Rs 10,000. He added that the new policy also includes provisions for allotment of land for farming and land to build houses in urban areas, aimed at securing their future and livelihood.

Fresh surrenders reported from Bijapur

Earlier, 34 Naxals surrendered in Chhattisgarh’s Bijapur district under the state government’s rehabilitation initiative titled Poona Margham: Punarvas Se Punarjeevan (Return to the Mainstream: Social Reintegration through Rehabilitation). Police officials said the surrendered cadres were carrying a cumulative reward of Rs 84 lakh.

Officials noted that the latest surrenders reflect the growing impact of sustained anti-Naxal measures combined with confidence-building initiatives focused on welfare and reintegration.

Centre’s target to eliminate Naxalism by March 2026

The Chief Minister’s remarks come amid the Central Government’s stated goal to eradicate Naxalism from the country by March 2026 under the leadership of Prime Minister Narendra Modi. Authorities believe that rehabilitation-driven policies, along with security operations, are playing a key role in weakening the influence of Left-wing extremism in affected regions.

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