virtualgod (na) 29 May 2014

Dv case trial

Recently Bombay HC and one more HC ruled that DV cannot be quashed as it is civil in nature. Though in DV act the court has the power to frame 498a charges, etc. I am not going to debate whether DV is civil, criminal or quasi criminal. In my case I have DV filed and 498a also filed. I also understand already how criminal trials proceed and burden of proof is beyond reasonable doubt. Now my question is specific about DV case trial. 1. Does the trial follow the same burden of proof as any criminal case? 2. In any criminal case the person is tried against one or more violations of IPC that are framed against him. In DV if now IPC/charges are framed by the judge, trial proceeds on what charge? 3. Trial proceeds as civil? 4. In a criminal case, any proof of violation of IPC , also describes that for the violation/conviction of that IPC, what is the punishment. Whereas in DV act, there is no clear defintion of the meaning of the word conviction. And there is no explanation of what the prosecution needs to prove to show conviction. 5. Is there an actual conviction in DV and what does it mean?

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8 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 29 May 2014

Please give ref of the citation or post it.

Since there are specific judgements of BOMBAY HC for quash of DV cases on technical grounds.

IT IS SIMPLE TO GET IT QUASHED SINCE THERE ARE MANY MISTAKES IN LOWER COURT.

Adv. Nikhil Seth (legal consultant (9867264707)) 29 May 2014

In Dv case proceedings as per provisions of dv .In IPC as charges are frame the case proceeds. dv proceeds in metropolitan court. so criminal procedure code is followed in dv cases. Conviction is based on evidence and if complainant proves that domestic violence had occured than Respondent are convicted.

Regards,

Adv.NIKHIL SETH

virtualgod (na) 29 May 2014

Thank you Nikhil Seth. But in DV, the judge decides what IPC charges to put based on evidence or the case proceeds as if there are IPC charges?

There is not even a clear mention of the sentencing/punishment in the DV act. How is that decided

Adv. Nikhil Seth (legal consultant (9867264707)) 29 May 2014

In dv only its only about reliefs and protection. Ipc is totally different .In Ipc there is police investigation and commission of offence as prescribed in IPC and accordingly punishment is decided. Whereas in dv its on evidence and burden on applicant to prove that dv has been commissioned by respondent.

Regards,

Adv.NIKHIL SETH

virtualgod (na) 29 May 2014

So I guess my understanding is verified that in DV the trial goes on and there is no IPC used even during the trial. A conviction in DV at the most is not a conviction in like a criminal trial. It is mostly a decree about the reliefs like maintenance, shared household, protection orders and nothing more?

Adv. Nikhil Seth (legal consultant (9867264707)) 29 May 2014

further if convicted punishment as per provision of the act. Regards, Adv.NIKHIL SETH Mumbai

virtualgod (na) 29 May 2014

What does it mean "further if convicted punishment as per provision of the act"

I am trying to ask the same question. In the act it is not clearly written what is the punishment.

Adv. Pankaj Patil (Advocate) 30 May 2014

Dont confuse in DV and IPC

If a separate order to lodge a criminal complain u/S 498A IPC has passed then the complaint of 498A IPC will be tried separately as a criminal trial and the prosecution evidence should be beyond resonable doubt

In DV case although it is a quasi civil in nature some resonable evidence must be given by the victim against you and it is a case of monitory reliefs only , in DV. The punishments only if you breached any interim order of the court then only you will be convicted in DV other wise it is clear monitory relief in nature

Adv pankaj patil