Benefit of Doubts
Chetan
(Querist) 10 September 2009
This query is : Resolved
What is mean by Benefit of Doubts
Explain in brief along with provisions and case lawsriven
Raj Kumar Makkad
(Expert) 10 September 2009
When the prosecution proves the commission of the offence but fails to attribute directly or indirectly towards the accused person despite of their evidence in that case the courts have no option but to provide benefit of doubt and to acquit him from the charges. There are numerous case laws on this subject.riven
Shivasurya
(Expert) 10 September 2009
In every cases, the prosecution must prove that the accused had committed the offence charged against him. If the prosecution failed to prove or establish the offence charged against the accused beyond the doubt, the court may acquit the accused by giving the benefit of doubtfulness of the prosecution case on the accused. But the rule cannot be entertain in Cheque bounce cases and offences under the provision of Protection of Civil Rights Act. In those cases, the accused alone prove his innocence beyond the doubtriven
Guest
(Expert) 10 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251,
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE BENEFIT OF DOUBT KINDLY NOTE THAT.
1. THAT THE ACCUSED ARRESTED BY THE POLICE ON THE BASIS OF FIRST INFORMATION REPORT FILED BY THE COMPLAINENT AT THE POLICE STATION COMPLAINING ABOUT THE OFFENCE.
2.THAT THE POLICE CONDUCT INVESTIGATION AND RECORD STATEMENTS OF WITNESSES AND ALSO COLLECT EXPERT OPENION REGARDING POSTMORTEM REPORT OF DOCTOR, CHEMICAL ANALYSER REPORT,IN CASE OF NARCOTIC DRUGS AND OTHER CASES, HAND WRITING EXPERT REPORT IN CASE OF CHEQUE SIGNATURE AND DOCUMENTS FORGERY CASES FRAUD CASE ,D.N.A.REPORT IN CASE OF RAPE CASES
3,KINDLY NOTE THAT ALL THESE WITNESSES ARE EXAMINED IN CHIEF BY THE GOVT.LAWYER, AND CROSS EXAMINED BY THE LAWYER OF ACCUSED.
4.KINDLY NOTE THAT PROSECUTION MUST PROVE HAPPENING OF ANY INCIDENT AND CRIME WITH CHAIN OF STATEMENTS OF WITNESSS BEYOND ALL REASONABLE DOUBTS.
5 BUT IN CASE THIS CHAIN OF STATEMENTS OF WITNESSES IS BROKEN AND ANY WITNESS IS NOT SUPPORTING THE PROSECUTION CASE AND TURNS HOSTILE.THEN THERE ARE CHANCES OF DOUBT.AND BENEFIT OF DOUBT IS GIVEN TO THE ACCUSED AND ACCUSED MAY GET ACQUITED.
WITH BEST REGARDS TO ALL .
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT..M.COM.LL.B.(MUMBAI),ADVOCATE.riven
Adinath@Avinash Patil
(Expert) 10 September 2009
MR. Nandkumar,
your information regarding query of benefit of doubt is exelant I appreciat it & I agreed with you.riven
