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Supreme Court Rejects Plea for Mandatory Preliminary Probe in Dowry Cases

The court upheld Section 498A as a vital safeguard for women, emphasizing legislative prerogative over procedural changes.

Overview

  • The Supreme Court dismissed a PIL by NGO Janshruti seeking mandatory preliminary probes before filing FIRs in domestic violence and dowry cases.
  • The bench reaffirmed Section 498A as a protective provision for women, rejecting claims of its misuse as vague and requiring case-specific evaluation.
  • The court emphasized that modifying legal provisions is the responsibility of Parliament, not the judiciary.
  • Suggestions to adopt foreign legal practices and impose fixed timelines for interim maintenance decisions were also rejected as impractical.
  • The ruling reinforces India's commitment to its sovereign legal framework while addressing concerns over resource constraints in the judicial system.

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