No Arrest In 498A FIRs For 2 Months; Cases To Be Referred To Family Welfare Committees: Supreme Court Endorses Allahabad High Court Guidelines

No Arrest In 498A FIRs For 2 Months; Cases To Be Referred To Family Welfare Committees: Supreme Court Endorses Allahabad High Court Guidelines

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The Supreme Court of India has endorsed the Allahabad High Court’s safeguards to prevent misuse of Section 498A IPC, directing that no arrest or coercive police action be taken for two months after registration of an FIR and that such cases be referred to district Family Welfare Committees (FWCs) during this “cooling‑off” period. The order, passed on July 22, 2025 in Shivangi Bansal v. Sahib Bansal, revives structured, pre‑arrest scrutiny for matrimonial cruelty cases and makes the High Court’s 2022 guidelines operative and implementable by authorities nationwide.

What The Supreme Court Ordered

  • The Court directed that the Allahabad High Court’s directions in paras 32–38 of its June 13, 2022 judgment—constituting FWCs and prescribing a mandatory two‑month cooling‑off period before any arrest—“shall remain in effect and be implemented by the appropriate authorities”.
  • A bench of Chief Justice BR Gavai and Justice AG Masih issued the directions while disposing of a high‑profile matrimonial dispute, underscoring consistent concerns over misuse of Section 498A IPC (and the corresponding Section 85 of the Bharatiya Nyaya Sanhita).

Why This Matters

Section 498A addresses cruelty to married women, but courts have repeatedly flagged mechanical arrests and sweeping implication of extended families without preliminary scrutiny. The endorsed framework is designed to curb abuse while preserving recourse for genuine victims through early, structured evaluation by neutral FWCs and calibrated police action.

The Key Safeguards Now In Force

  • No arrest or coercive police action for 2 months from FIR/complaint registration under Section 498A IPC; the case must be immediately referred to the district Family Welfare Committee for assessment and mediation during this cooling‑off period.
  • Applicability: FWC referral is envisaged only for 498A cases and allied offences where the maximum punishment is under 10 years; cases involving grievous offences like Section 307 IPC with injury are excluded.
  • Limited police role: During the cooling‑off period, police may conduct peripheral investigation (e.g., collect medical/injury reports, statements), but cannot arrest until the FWC process concludes and a report is furnished.
  • FWC report: After two months, the FWC submits a detailed, non‑evidentiary report to the Magistrate/police to guide next steps, including whether coercive action is warranted or whether the matter is suited to settlement.
  • Settlement pathway: If parties resolve disputes, district courts may facilitate disposal in line with law; DLSAs are to support logistics and coordination.

How Family Welfare Committees Will Work

  • Constitution: Each district will have one or more FWCs under the District Legal Services Authority (DLSA), ordinarily comprising at least three neutral members.
  • Composition: Members may include trained mediators/young advocates, recognized social workers, retired judicial officers, or other neutral, qualified persons with clean antecedents; they cannot later be called as witnesses in related proceedings.
  • Process: The FWC will interact with both sides and, where useful, up to four elderly family members from each side to attempt resolution, assess the grievance, and flag cases needing prompt protection or legal follow‑up.
  • Training and honorarium: Legal Services Authorities will train FWC members and specialized officers handling 498A cases; service is pro bono or with a nominal honorarium fixed by the District Judge.

Relationship With Earlier Supreme Court Precedents

  • The guidelines draw guidance from the Supreme Court’s decisions addressing misuse of 498A, including Rajesh Sharma (2017) and its modification in Social Action Forum for Manav Adhikar (2018); the present endorsement revives the structured screening approach through properly constituted FWCs, with safeguards aligned to current concerns.
  • The July 22, 2025 order clarifies that the Allahabad High Court’s 2022 FWC framework shall operate and be implemented by competent authorities, restoring a neutral pre‑arrest filter in appropriate 498A cases.

Practical Implications

  • For complainants: Genuine complaints proceed, but early neutral scrutiny helps identify urgent protection needs and weeds out exaggerated or omnibus allegations; parallel reliefs under PWDV Act or CrPC can still be pursued where warranted.
  • For accused persons: A predictable two‑month window without arrest in eligible cases, allowing participation in the FWC process, presentation of documents, and pursuit of mediated settlement or anticipatory bail if advised.
  • For police: Investigative steps continue without arrest; arrests must wait until the cooling‑off period ends and the FWC report is received (unless the case falls outside the FWC ambit, e.g., grievous offences).
  • For courts/DLSAs: District judges oversee FWC constitution, member training, and periodic review; magistrates consider FWC reports before coercive process; settlements may be recorded or appropriate proceedings closed in accordance with law.

FAQs

  • Does the two‑month bar apply to all 498A cases?
    No. It applies to Section 498A IPC and allied offences where the maximum punishment is below 10 years; cases with grievous offences (e.g., 307 with injury) are excluded from FWC referral and the arrest bar framework.
  • Can police do nothing during the cooling‑off period?
    Police can conduct peripheral investigation—collect records, take statements, secure medical reports—but cannot arrest until the FWC concludes and reports, unless the matter is outside the FWC category due to the nature of offences.
  • Is the FWC report binding proof?
    No. The report is non‑evidentiary but guides the Magistrate/police on next steps, including the necessity of coercive action or suitability for settlement.
  • Is this nationwide?
    Yes. The Supreme Court directed that the Allahabad High Court’s guidelines “shall remain in effect and be implemented by the appropriate authorities,” and coverage has been widely reported as pan‑India operative guidance.

Compliance Steps For Stakeholders

  • Police and District Administrations:
    • Constitute/notify FWCs under DLSAs; ensure training and rosters.
    • Circulate SOPs to SHOs and IOs on the cooling‑off mandate and referral workflow.
    • Track two‑month timelines and ensure timely transmission of FWC reports to Magistrates.
  • Courts and DLSAs:
    • Publish FWC constitution, eligibility norms, and contact procedures.
    • Schedule periodic review of FWC performance and training refreshers.
  • Litigants and Counsel:
    • Use the cooling‑off period to participate meaningfully in FWC proceedings, consider mediated solutions, and organize documentation for either settlement or trial strategy.

Bottom Line

The Supreme Court’s endorsement of the Allahabad High Court’s 498A safeguards installs a structured, pre‑arrest, two‑month cooling‑off period with Family Welfare Committee scrutiny in eligible matrimonial cruelty cases, aiming to balance protection of genuine victims with safeguards against misuse. By channeling cases through trained, neutral FWCs and calibrating police action, the framework seeks to reduce indiscriminate arrests, encourage resolution, and preserve judicial resources—without curtailing remedies in serious or grievous offences.

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