who is responsible to prove 498a charge

Querist : Anonymous (Querist) 11 June 2011 This query is : Resolved
who is responsible to prove 498a charge husband or wife.
if wife is not able to prove charges what happen.

or it is husband responsbility to prove charge r false

what applicaion husband can make against false charges

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Devajyoti Barman (Expert) 11 June 2011
It is the duty of the prosecution to prove the charges beyond reason doubt.
Once that is done the onus is shifted to the defence to prove his innocence.

So the initial onus of proof is upon the prosecution though burden of proof is there upon both the parties.

PALNITKAR V.V. (Expert) 12 June 2011
Unless prosecution proves its charges, accused need not open his mouth. i.e. he need not prove anything.

prashant pundhir (Expert) 12 June 2011
The burdon of proof is always on the complainant not on the accused .

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 June 2011
complainant has to prove through prosecution and your job is to demolish the story by showing contradictions.

Dr V. Nageswara Rao (Expert) 12 June 2011
1. In a criminal case the birden of proof is always on the prosecution, unless the law imposes reverse burden on the accused as in the case of custodial rape, dowry death etc.
2. Though, theoretically, the accused has the right of silence, in the practical world of Court room, after the closure of prosecution case, the accused should rebut the charges item-wise by evidence, cross-examination of witnesses and your own witnesses..

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