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LOHESHVARA (pvt)     03 October 2011

498 a

IS IT MANDATORY TO STAND ALL ACCUSED IN BOX. ONE OF MY FRIEND TOLD ME THAT IT IS NOT NECECESSARY TO STAND IN BOX AS THERE IS PROCEDURE FOR 498 A VICTIMS AND ALSO NOT TO BE PRESENT IF ANY DEATH NOT HAPPEN. CAN ANY BODY GUIDE ME IN THIS REGARD.


REGARDS

RP



Learning

 3 Replies

Sanjeev (Lawyer)     03 October 2011

It is crucial to be present on the dates in 498A proceedings in case you could not be present on a particular date your lawyer needs to be present -- if the other side lawyer press that the accused are not being present on dates than the magistrate may issue bailable warrants and subsequently NBW's.

Standing in the witness box or not depends on the way the particular court functions.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 October 2011

There is some misunderstanding about what it means to stand in the box (Witness Box).

 

The court has few support staff - readers, typists and all. They record the statement of the witness and accused, and for that there are boxes prescribed so that it is easy for them to listen to what these people have stated and they don't roam much while giving statements and all.

 

You would have seen in court that whenever accused is brought the police officers generally hold the hands of the accused. Which is to prevent them from running away. 

 

Standing in the box, standing by the side, the witness giving statement while the judge is busy with some other matter are just the practises of court and doesnot in any way diminish the respect and other statuture of the accused or witness in any way.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Pranav S. Thakkar (advocate)     04 October 2011

what do you mean by sensence, "IS IT MANDATORY TO STAND ALL ACCUSED IN BOX." As I read and understand the situation that you say is "all witnessess to be present in the court". it is order of court and in the case of 498A is before THE COURT OF FIRST CLASS JUDICIAL MAGISTRATE. So, it is necessary to be present  if court had ordered to be present.


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