Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CR.P.C s.7(c) of the Muslim Women (Protection of Rights on Marriage) Act Grant of anticipatory bail s.438 2019 bar on anticipatory bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Muslim Women (protection of Rights on Marriage) Act, 2019 (20 of 2019) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.438 – Grant ofanticipatory bail – Whether provisions of s.7(c) of the Muslim Women(Protection of Rights on Marriage) Act, 2019 would bar the grantof anticipatory bail under s.438 to the mother-in-law of the muslimwoman upon whom triple talaq was pronounced by her husband –Held: The provisions of s.7(c) of the Act, 2019 apply to the Muslimhusband – The offence which is created by s.3 of the Act, 2019 ison the pronouncement of a talaq by a Muslim husband upon hiswife – s.4 of the Act, 2019 makes such act of the Muslim husbandpunishable with imprisonment – The mother-in-law of the aggrievedwoman cannot be accused of the offence of pronouncement of tripletalaq under the Act as the offence can only be committed by a Muslimman – Thus, in this situation, mother-in-law cannot be denied grantof anticipatory bail – Muslim Women (Protection of Rights onMarriage) Act, 2019 – s.7(c).Code of Criminal Procedure, 1973: s.438 – FIR complainingof offence under provisions of s.498A IPC against the mother-in-law – Grant of anticipatory bail – Held: In view of vague and generalnature of allegations made in the FIR, bereft of details, appellant-mother-in-law should not be denied the benefit of grant ofanticipatory bail – Penal Code, 1860 – s.498A.Muslim Women (Protection of Rights on Marriage) Act, 2019:s.7(c) – Whether s.7(c) of the Act, 2019 bars the power of the Courtto grant anticipatory bail under s.438 CrPC – Held: A plainconstruction of s.7(c) would indicate that it does not impose a fetteron the power of the Magistrate to grant bail, save and except, forthe stipulation that before doing so, the married Muslim woman,upon whom talaq is pronounced, must be heard and there shouldbe a satisfaction of the Magistrate of the existence of reasonablegrounds for granting bail to the person – This implies that evenwhile entertaining an application for grant of anticipatory bail foran offence under the Act, the competent court must hear the marriedMuslim woman who has made the complaint, as prescribed unders.7(c) of the Act – Only after giving the married Muslim woman ahearing, can the competent court grant bail to the accused – Thisinterpretation is fortified by the fact that the legislature has notexpressly barred the application of s.438, CrPC – Code of CriminalProcedure, 1973 – s.438.Muslim Women (Protection of Rights on Marriage) Act, 2019:s.7 – Interpretation of – Held: Under clause (a) of s.7, the offenceis cognizable, if the information is given by the married Muslimwoman or a person related to her by blood or marriage to the officerin charge of a police station of the commission of the offence –Under clause (b), the offence is compoundable at the instance ofthe married Muslim woman upon whom the talaq is pronounced –However, in terms of clause (b), the permission of the Magistrate isrequired – The Magistrate can specify the terms and conditions forcompounding – Facially, clause (c) begins with the words “no personaccused of an offence punishable under this Act shall be releasedon bail” – But two conditions follow – One of them is in the realm ofprocedure while the second is substantive – The former requires ahearing to be given to the married Muslim woman upon whom talaqhas been pronounced – The latter requires the court to be “satisfiedthat there are reasonable grounds for granting bail to such person”– This substantive condition is only a recognition of something whichis implicit in the judicial power to grant bail – No court will grantbail unless there are reasonable grounds to grant bail – All judicialdiscretion has to be exercised on reasonable grounds – Hence, thesubstantive condition in clause (c) does not deprive the court of itspower to grant bail – Parliament has not overridden the provisionsof s.438, CrPC – There is no specific provision in s.7(c), or elsewherein the Act, making s.438 inapplicable to an offence punishable underthe Act. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 707 |
Petitioner | Rahna Jalal |
Respondent | State Of Kerala And Another |
SCR | [2020] 13 S.C.R. 621 |
Judgement Date | 2020-12-17 |
Case Number | 8333 |
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