Manish Udar (www.Mehnat.IN) 22 March 2013

Clean hands

If a complainant in a criminal case does not come to the court with clean hands, can the case be dismissed as being without merit?

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4 Replies

Rahul Kapoor (Legal Enthusiast) 22 March 2013

you need to prove the same

Advocate M.Bhadra 22 March 2013

In a criminal trial if for the sake of presumption complainant file complaint against the accused person then how they will proceed with the case if they have no evidence against such accused, the court will take no time discharging or acquitting the accused if no evidence is produced in the court to prove the charges against the person. In criminal complaints the accused is presumed to be innocent unless proved guilty & for doing so the investigating agency should have sufficient evidence to prove his/her guilt without any doubts. Hope this basic principle of criminal law is clear.

dineshp83 - Legal Fighter. (manager) 22 March 2013

what is the limit for the same ?

in one of the 306 case complaintent who is brother of deceased girl has not turned to court from last 5 yrs also now orginal sucide note of the girl and samples are declared to be lost and pp is asking permission to lead secondary evidence which is xerox.

My question is if compliantant doesnt come to court even afte repeated summon can accussed submit dicharge application ?

what is the limit for him to come to the court ? As most of cases its xyz vs state abx / def police station so its public cases right ?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 March 2013

The law of evidence places heavy emphasis on witness. In this scenario often the case of the prosecution fails owing to the lack of witness and thus the aim of the investigating agency is often to induce one of the accused (and thus a party to the crime) to become witness against the rest such that the offence can be established. Such witness can be called upon only if the co-accused is pardoned by the court, in exchange of the information given as witness. The Code of Criminal Procedure, which governs criminal trials in India, recognizes this position and thus confers the power to a criminal court to grant pardon to an accomplice of an offence on the condition of coming out truthfully of the entire information relating to the crime.