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Rakesh Sharma   26 November 2016

Burden of proof in 498a

Need Expert Guidance on 498A , Just want to know to whom Burden of Proof lies in 498A Complainant or Accused ?

If on Complainant Please refer any citation case judgement which can be used for same.

I have gon thru lot of judgment but all  are related to 304B I Need something on 498A which says Buren of Proof lies withComplainant

 

 

 



Learning

 11 Replies

Ms.Usha Kapoor (CEO)     27 November 2016

Whoever alleges something on the opposite party one who  alleges that thing must prove it t to the court.Hence Section 498 A wif e ha filed against  husband and in laws. So thee burden  of proof lioes on the complainant wife. No decisions Relating to this parrtidcular  poin tI could find anywhere. Sorry!. Would you giive profile likes in excange for free legal adsvise.

3 Like

Sachin (N.A)     27 November 2016

Version of Ms.Usha Kapoor is legally incorrect.

 

498A is a case between you and state govt and responsibility to prove allegations is on prosecution means on state govt.

Your wife will be treated as witness and will be termed as Prosecution Evidence (P.E)

Ms.Usha Kapoor (CEO)     27 November 2016

i'M UPLOADINFG  SUPREME COURT jUDGEMNTS AND VARIOUS hIGH cOUR TjUSGMENTS AND lEGAL PROVSIONS IN SUPOORT OFMY POINT.  IF THIS IS NOT WHAT   WHAT USE IS THE INTERNET for?Complainant iS ALSO CALLED PROSECUTRIX. COMPALINANT AND PROSECUTION ARE ALL PART OF PROSECUTION WHICH STATE BEARS TREARTING IT AS AN OFENCE AGAINST THE STATE.ajay sethi and likes o fhim also used compalinant while describing prosecution in ther indian Kannon stint.They are in top  4 here. Arethey all mad? My DEAR Sachin. AS Still you are a  learner. After learning th law thoroughly youu can pointout mistakes of likes of me. I NEVER made any mistake. Because  the queriest also asked  whether burden o fproof is on the complainant andlikes o fAjay /s'ethi used Complainant I also used compalinant. don't you know whoiscompalnat and who is prosecutuon. They are all one and the same. PART ND PARCEL OF THE SAME.yOU AUtohHIDIU. i'M OBSERVING YOU. maY BE  your jEALOUSY. AT EVERY OCCASION YOU ARE Pssing nasty comments aginst me.They are unwarranted. I don't deserve them. What ever i read anyEnglish Newsppaer such a sHIndu,Toi i can reproduc the  enetir paper with one  reading. can you do that?Sinc childhood people have been saying  tha ti'm quite ingellignet.Before  passing  any nasty comments  hold you r tongue and mind your own business.

2 Like

Sachin (N.A)     28 November 2016

Dear usha kapoor,

You are right there is a diffrence between having knowledge and only searching and copy pasting So i don't want to argue with you on that.. 

but you are wrong  on saying that i commented on your copy paste advice. I have never passed any comment on you as for me you are nobody, and only a discarded person who is beging of THANKS and when somebody click thanks on your post it is equivalent to slap. so for you one thank is equal to one slap/

Sachin (N.A)     28 November 2016

For your knowledge 

 

Prosecutrix is a female victim of a crime on whose behalf the state is prosecuting.

So you ,a self proclaimed intelligent person, will understand that state prosecutes on behalf ( on the basis of the complaint) of prosecutrix

 

Ms.Usha Kapoor (CEO)     28 November 2016

I'm not self propclaimed intelligent. Wherever I go  people call me inteelctual. During my spare time I read all English  News Papers, English Magazines, solve Math and crossowrdPuzzles, read Booker and Nobel won English Novles et. I mind my own business. Except in our site ln all other sites lawyers also ask click like button or recommend button andMannagments ae also encouraging xlawyers t ask clients to promote them.Beforr me here Bharat was asking. Males need not ask. But women need to ask. Thsi i s amale dominate d society. and patriarchal. For nothinfg you are arrogant. I don't consider you as  intelligent at all. In such a scenario why you got26 nd I go t63. Tha t itslef speaks volumes abou t myintlelignece. I've analytical  mind, PROBING ANd INCISIVE MIND. i SCORE MATH TESTS ALSO WELL WHICH REQUIR MATH LOGIC.wHATEVER  YOUA are TRYING TO EXPALIN TO ME i ALready KNOW.wWE HaD BEEN TO DELHI ON ACCOUNT OF MY HUSBAND'S TRANSFER SOMETIME IN 1995 TO2000 ALSO  WHOEVE I MET. dOCTORW, lwyers, common people SAID "sAMRTEST WE HAVE EVER SEEN.  smartest we hAVE ever seen. I run ablog; I bagged SmartIndian Womaen Award for that..Wizardleglal 1.in./ YOu RE NOTHING BEFORE ME.  YOU AR E JUST  SCUM.F MY HUSBAND'In Delhi we stayed fo r 5years. Whomsoever we met  they were commneting You are quite good looking and quite intellignet and you ar intellectual a;lso. I'm used to  compliments righ t from childhod.. I hate talking to you.

1 Like

Sidharth   28 November 2016

Ms Usha Kapoor showed her intelligence when she wrote that she is having certificate of intelligence given by her friends and family.

Is this is the benchmark that who is intelligent or not?

Strange!!

What Ms Usha Kapoor will do if someone will not give her certificate of intelligence.

I agree with Mr Sachin, 

She is self-proclaimed intelligent. And a certified fool.

 

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 November 2016

In all the criminal cases including Section 498-A cases like 304-B cases, the burden to prove lies on the prosecution.  A few exceptions are there for this cardinal principle, but I won't discuss them here, because those exceptions (like offence occured in self-defence, intoxication and insanity etc.)  are irrelevant in 498-A cases.

1 Like

Rajiv kumar (abc)     30 November 2016

The burden of proof lies on accused in 498A.

Ms.Usha Kapoor (CEO)     02 December 2016

Right from age 6 I've been reading books. starting from fairy tales to  Igradiated  to reasing English News papaers  from class 8. ProperSleep I don't get.Otherwiswe till recently I wAS ABLETO REPRODICE THE ENTIRE nEWSpAPERW, mAGAZINES, cHEMISTRY, pHYSICS ,DONGmATH ETC PRETTY FAST i'D RECALL AND REPRODUCE. yOU are stoopinng to such low levels  that When I don't bother  about you Idon't evenknow you rnames nor seen you youare hell bent on harassig me. It all depends on once original nature and upbringing. Your culture and ubringingis like   that.  I'd ike to  make  friendship with somwebody whois highlyqualified nd intellignet quickwitted likeme and extremely refined mannered.Such peopel are rare. You are stalkers. You don't be AT THE BAcvK O FME. i'LL hve to comalin the poolice if you keep any CDS likethat. I've very good vocablary in English and I'm quite good at Engish nd Many other subjects also. MY blog I write on Poliitcs, Law, Health,WEconomy, Personlaity, Society, Lifestye et c I write.  and
Everything under the sun I'd like to read and IMprove my expand my mental horizon.Untill a particuar point o ftime everyone ws saying my face itself  reflects intellignece and I WAS LOOKING VERY GOOD.pLEAASE DON';T HARASS ME. gET LOST.

Sudhir Kumar, Advocate (Advocate)     03 December 2016

I have disagreed with Ms Usha Kapoor on many threads but she was never hurt. 

1 Like

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