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Siv (engineer)     17 September 2014

In 498a case affidavit by defence witness allowed or not?

Hi,

 

is it allowed to file affidavit by Defence Witness in 498A case while giving defence evidene ..... some says affidavit is not allowed and only Oral evidence is allowed in 498A case .... is it right?



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 3 Replies

prakash chandra jain (proprietor.)     17 September 2014

 in this query,it is not specified at what stage,defence wants to present affidavit. it is a non cognizable offence and police investigate it where both parties are required to represent their side. there defence may give whatever material it has to disprove accusation. but in trial, no need to give affidavit. defence can produce his witness to rebut the charge or prove his version. the statements are recorded on oath. inview of this provision,no affidavit can be allowed.-prakash chandra jain, advocate-indore. mobile no-09479848437

prakash chandra jain (proprietor.)     17 September 2014

 in this query,it is not specified at what stage,defence wants to present affidavit. it is a non cognizable offence and police investigate it where both parties are required to represent their side. there defence may give whatever material it has to disprove accusation. but in trial, no need to give affidavit. defence can produce his witness to rebut the charge or prove his version. the statements are recorded on oath. inview of this provision,no affidavit can be allowed.-prakash chandra jain, advocate-indore. mobile no-09479848437

Siv (engineer)     17 September 2014

Thank you Prakash Sir.

 

For information, the case is under 498A of IPC and Dowry Prohibition Act  Sections 3 and 4 . Present stage is defence evidence and court called the defence witnesses for giving evidence .... but some of the defence witnesses are not in touch with me becase they are Bank people and they do not know why court callled them to the court. If court ask any question then they can answer with correctly which is required to the court as per thir knowledge....

 

Questions: Will court allow the defence side to give hints to the defence witness at the time of CHIEF EXAMINATION to tell about the details known about the facts about certain circumstance....


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