Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srinivas (.)     06 May 2014

Who has to prove allegations in 498a & criminal cases

Hi All,

1) In 498a & criminal cases and civil cases who has to prove allegations mentioned in FIR & Petition, Petitioner or Respondent?

2) Is it possible to collect evidences which are submitted by Petitioner or Respondent in court or police station? If so ,what is the procedure to collect evidences?

Please advise..Thanks to all



Learning

 5 Replies

Tajobsindia (Senior Partner )     07 May 2014

1.    In criminal matters under Family Law of asked nature State compiles evidences and presents complainant wife’s allegations to prove you guilty of alleged offences.

2.    In Civil matters if you are petitioner then allegations are to be proved by you with evidences against a respondent wife.   

3.    It is not possible to collect evidences of complainant side as they are special knowledge of a complainant and same way it is said to be true in civil matters so far evidences collection by defendant are concerned.

4.    If you are defendant in either nature of lawsuit then you can present your side of evidences to demolish either nature of lawsuit i.e. one can present evidences of self innocence to defend a criminal or civil lawsuit matter.

5.    However if evidences are presented in Court then same can be sought from Certifying Agency of the concerned Court by applying for certified copy. Police will never give you a complainant’s evidences.  

(Suggest to frame query properly since now you have added some 258 points.)

{Last reply}

Srinivas (.)     07 May 2014

Hi , In 498a & criminal who has to prove allegations mentioned in FIR & Petition, Petitioner or Respondent? Please suggest. Thanks to all…

N.K.Assumi (Advocate)     08 June 2014

He/She who alleged must prove the case, simple.

Adv. Chandrasekhar (Advocate)     08 June 2014

The prosecution on behalf of wife has to prove the allegations.

maks (SE)     08 June 2014

Hi, 

For makeup she/complainant/petitioner may add a big number of physical witness. Since all PW's are supporters of she/complainant/petitioner they always say against the accused. How come the judiciary system evaluate the statements of PW's.

Thanks in advance for your responses... 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register