Subject : HIGH COURT INSTRUCTIONS REG. DOWRY CASES
OFFICE OF THE COMMISSIONER – OF POLICE
CIRCULAR No. 7/2007
The Hon’ble High Court of Delhi while dealing with Criminal Misc. Nos. 7108 and 7262 of 2006 under Section 482 CrP.C., has laid down guidelines to be followed for investigation and trial of cases under section 498/A IPC, dowry, cases etc. The main -guidelines to be followed are as follows :-
1. Where allegations, are made that dowry has been given as a consideration for marriage, the list in terms of Rule 2 of the Dowry Prohibition (Maintenance of lists of Presents to the Bride and Bridegroom) Rules, 1985 must be insisted upon by the Investigating Officer.
2. Where there is expenditure of a huge amount of money without disclosing the source of income, police should insist upon compliance of Rule 2 of Dowry Prohibition (Maintenance of lists of Presents to the Bride and Bridegroom) Rules, 1985 (photocopy enclosed) and should not entertain any complaint if the rules have not been complied with.
3. In case a grown up and well educated women gets married to a person despite a demand for dowry, she and her family members also become accomplices under section 3 of the Dowry Prohitiion Act, 1961. Appropriate action should be taken against them.
4. If the compliant is against every member of the family of husband, the allegations cannot be taken at their face value and need to be scrutinized carefully.
All the investigating Officers and supervising officers must ensure strict compliance of the above mentioned instructions.
[ H.M.MEENA] DCPIHDQRS.
For Commissioner of Police:
Delhi.No 20298/C&T(AC-II)/PHQ., dated 23/3/07
Copy. forwarded to the :-
1. – All Special Commissioners of Police, Delhi.
2. All Joint Commissioners of Police, Delhi.
3. All Additional Commissioners of Police, Delhi.
4. SO to Commissioner of Police, Delhi.
5. All Districts Units DCsP including P/PTC & FRRO, Delhi.
6. LA, So to CP/Delhi, All Insprs./PHQ, HAR/PHQ etc.