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

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8 years ago

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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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India News

CBSE denies OSM portal data breach, terms online allegations misleading

CBSE has strongly dismissed social media allegations of a security breach in its On-Screen Marking (OSM) portal, clarifying that the exposed URL is a mere testing site containing no actual student data or exam marks.

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10 hours ago

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May 26, 2026

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CBSE

The Central Board of Secondary Education (CBSE) has refuted viral claims circulating on social media regarding a security breach in its On-Screen Marking (OSM) portal. In an official statement, the national education board dismissed the allegations, labeling them completely false and highly misleading.

The clarification comes after social media posts suggested that sensitive student records and internal assessment systems had been compromised by unauthorised actors. Media reports indicate that the board has categorically denied any leak of actual student marks or examination-related details.

Testing site hosted no real student details

According to the statement released by the board, the web address highlighted in the viral allegations belongs strictly to a testing environment. The board clarified that this URL is utilized purely for internal evaluations, data sampling, and platform reviews during development phases.

The board firmly reiterated that no live student details, official scoreboards, or active examination data are stored on this testing site. Authorities have advised stakeholders and students to refrain from panic and avoid circulating unverified rumors that challenge the integrity of the examination system.

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India News

Congress Dismisses Karnataka Leadership Transition Rumors After Six-Hour Delhi Meet

The Congress party has rejected ongoing rumors regarding a leadership change or a rotating Chief Minister formula in Karnataka, stating that a recent six-hour meeting in Delhi focused strictly on the upcoming Rajya Sabha and MLC elections.

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10 hours ago

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May 26, 2026

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The Congress party has strongly downplayed the intense political buzz surrounding a potential leadership transition or a change in the Chief Minister’s post in Karnataka. Following a marathon six-hour meeting with the state’s top leadership in New Delhi, the party explicitly rejected the ongoing speculation, labeling it as having “no reality.”

A brief statement issued to the media after the high-level meeting advised against spreading rumors, clarifying that the discussions were entirely centered on upcoming electoral strategies rather than structural changes within the state government. The party stated that the deliberations solely revolved around the state’s three vacant Rajya Sabha seats and the upcoming Member of Legislative Council (MLC) elections.

Rajya Sabha and MLC Polls Take Center Stage

The high-stakes meeting was attended by Congress President Mallikarjun Kharge, senior leader Rahul Gandhi, and party General Secretary KC Venugopal, alongside Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar.

Briefing the media post-meeting, KC Venugopal stated that conversations were strictly confined to the Rajya Sabha and MLC elections, emphasizing that there is no truth to any other political speculation. Chief Minister Siddaramaiah also confirmed that the agenda of a potential cabinet expansion or a leadership shift did not come up during the six-hour-long discussion.

Background of the Power Struggle

The question of leadership in Karnataka has remained a recurring theme for over a year. Supporters of Deputy Chief Minister DK Shivakumar have consistently maintained that the central leadership promised a rotating Chief Ministership arrangement when the government was formed after the 2023 assembly elections.

Speculation had intensified recently as the ruling government faced local anti-incumbency pressures alongside renewed political activity from the opposition bench. Some internal reports had even indicated a push from within certain sections of the high command, including Priyanka Gandhi Vadra, for a leadership revamp.

Balancing Caste Equations and Party Structure

The central leadership has navigated the situation cautiously to maintain political stability. Chief Minister Siddaramaiah, 80, commands a powerful “Ahinda” support base—a coalition comprising minority communities, backward classes, and Dalits. This social alliance was crucial in helping the party navigate the traditional Vokkaliga and Lingayat caste dynamics during the 2023 elections.

Although the rotation issue had previously gained significant momentum when the government completed two years in office, the party high command had chosen to maintain the status quo to avoid any adverse electoral impact in neighboring assembly elections, such as in Tamil Nadu. With those elections concluded, supporters of the 64-year-old Deputy Chief Minister had expressed optimism for a transition. Shivakumar currently holds the dual responsibility of being the Deputy Chief Minister as well as the state Congress chief, signaling his critical organizational value to the party. However, for the time being, the party high command has firmly signaled that the current leadership structure will remain unchanged.

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Cricket news

Bowlers may hold the key in high-stakes IPL 2026 Qualifier 1 at Dharamsala

Although the media build-up centers on the batting heavyweight clash between Virat Kohli and Shubman Gill, the IPL 2026 Qualifier 1 in Dharamsala is set to be decided by the bowling consistency of Bhuvneshwar Kumar and Mohammed Siraj.

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18 hours ago

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May 26, 2026

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Flat pitches, towering sixes, and relentless run-scoring have defined the Indian Premier League (IPL) 2026 so far. However, when Gujarat Titans (GT) and Royal Challengers Bengaluru (RCB) lock horns in Qualifier 1 at the Himachal Pradesh Cricket Association (HPCA) Stadium in Dharamsala, the contest could ultimately hinge on the bowlers.

The HPCA Stadium has proved to be unforgiving for bowlers due to its short boundaries. A teaser of what could unfold was evident during recent net sessions, where Gujarat Titans’ Jos Buttler and Royal Challengers Bengaluru’s Tim David regularly launched monstrous hits out of the stadium. In the three matches played at this venue this season, teams crossed the 200-run mark five times, with the lowest score being 199/8. An average of nearly 25 maximums per match has been hit here, promising another potential run-fest.

Moving past the Kohli vs Gill narrative

While media attention focuses on the iconic battle between the ‘King’ Virat Kohli and the ‘Prince’ Shubman Gill—hailed as the heir to Indian cricket’s batting legacy—the true deciding factor might lie elsewhere. Both batters look in pristine touch. Gill occupies the second spot in the Orange Cap race with 616 runs from 13 matches, trailing behind his opening partner Sai Sudharsan. Meanwhile, Kohli has bounced back from a brief mid-tournament slump by smashing a sparkling century, taking his tally to 557 runs this season.

Despite the incredible batting firepower on display, the bowling units are expected to dictate which team blinks last. Media interactions with team managements highlighted that consistency and self-belief within the respective bowling departments have been the defining traits of both squads this season.

Powerplay battles to decide the finalist

For RCB, veteran pacer Bhuvneshwar Kumar leads the charge alongside Kagiso Rabada for GT, with both spearheads locked as the joint-highest wicket-takers across the two sides at 24 wickets each. Bhuvneshwar holds a slight edge due to a superior economy rate. Close behind them is GT’s Mohammed Siraj, who has taken 17 wickets so far. With supporting acts like Josh Hazlewood, Jason Holder, Prasidh Krishna, Rasikh Salam Dar, and spinners Rashid Khan and Krunal Pandya in the mix, the match promises an intriguing tactical battle.

Gujarat Titans’ assistant coach Vijay Dahiya acknowledged that negotiating Bhuvneshwar Kumar in the powerplay will be a massive task, but reminded that GT possesses equal firepower in Siraj and Rabada. “If you talk about the powerplay, our numbers are among the best in this tournament,” Dahiya stated.

RCB captain Rajat Patidar echoed similar views, placing immense faith in his bowling attack to stop GT’s prolific opening duo of Gill and Sudharsan. “Our strength is bowling. The way we bowl in the powerplay will be very crucial. We’ll look for early wickets and that is what we have done throughout the tournament,” Patidar remarked.

In a tournament dominated by towering batting displays, the team whose bowling unit holds its nerve under the Dharamsala lights will seal a direct spot in the IPL final.

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