Ensuring a Fair Preliminary Inquiry in a 498A IPC Case: Steps to Request and Obtain the Investigation Report

To my knowledge, a family friend's daughter-in-law has filed a cruelty case under Section 498A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita). Additionally, a domestic violence case has been registered. In our jurisdiction, the police are required to conduct a preliminary inquiry before filing a cruelty case. Could you please advise on how and where we can apply or approach the authorities to ensure that the police conduct a fair preliminary inquiry? Also, where can we obtain a copy of that inquiry? Your guidance would be very helpful for my friend and me.​

Dear Mr Dilip Sharma,

This is an HR forum where HR professionals raise their work-related queries and the seniors give a reply. However, yours is a family dispute query and the members of this forum may not be competent to give proper replies. Given this, I request you to approach the appropriate forum or a lawyer who handles matrimonial dispute cases.

Thanks,

Dinesh Divekar

Ensuring a Fair Preliminary Inquiry in a 498A IPC Case: Steps to Request and Obtain the Investigation Report

In India, Section 498A of the Indian Penal Code (IPC) addresses cruelty by a husband or his relatives towards a married woman. To prevent misuse of this provision, the Supreme Court, in the landmark Arnesh Kumar vs. State of Bihar case, mandated that police officers must conduct a preliminary inquiry before making any arrests under Section 498A. ​

Steps to Ensure a Fair Preliminary Inquiry:

Submit a Formal Request: The accused or their representative should submit a written application to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of the concerned jurisdiction, requesting that the preliminary inquiry be conducted impartially, adhering to the guidelines set forth in the Arnesh Kumar judgment.​

Engage Legal Counsel: Consulting with a legal professional experienced in such matters can provide guidance on effectively communicating with law enforcement agencies and ensuring that the rights of the accused are protected during the investigation process.​

Obtaining a Copy of the Preliminary Inquiry Report:

Right to Information (RTI) Application: To access the preliminary inquiry report, an RTI application can be filed with the Public Information Officer (PIO) of the concerned police department. However, it's important to note that if the investigation is ongoing, the police may deny access to the report, citing exemptions under the RTI Act. ​

Approach the Court: If access to the inquiry report is denied through the RTI route, the accused can file an application before the court where the case is pending, requesting a direction to the police to furnish a copy of the preliminary inquiry report. The court, exercising its discretion, may order the police to provide the report if it deems it necessary for ensuring a fair trial.​

Key Considerations:

Timeliness: It's crucial to act promptly in submitting requests and applications to avoid any procedural delays that could impact the case.​
Documentation: Maintain copies of all correspondence with law enforcement and judicial authorities to establish a clear record of efforts made to ensure a fair inquiry.​
Legal Guidance: Engaging a legal professional can significantly aid in navigating the complexities of the legal system and safeguarding the rights of the accused.​

By proactively engaging with the appropriate authorities and utilizing legal provisions, individuals can advocate for a fair preliminary inquiry under Section 498A IPC and seek access to pertinent investigation reports.