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Ram (accountant)     24 February 2020

Burden of proof in 498a case and 4 of dowry prohibition act

Dear Respected Experts,

My wife has filed case u/s 498A and 4 of DP Act on me and my mother.

Could you please tell me burden of proof on whom? whether it is wife to proof her allegations with supporting evidences or the husband should proof that he and his family members are innocent.

Thanks in Advance



 5 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 February 2020

She make attempts to prove her allegations, at the same time, you need to disprove her allegations against you with necessary evidence. 

1 Like

Joy Bose   25 February 2020


1. Mostly in the court the allegations made in the 498A are proved false as the witnesses are interested witness.

2. Your advocate will have to examine all the witnesses to prove your case and disprove her allegations.

3. mere allegations of asking money/dowry will not suffice, there should be incidents where witnesses can state that she was forced out of house, if she was beaten up any treatment or medical consultancy papers, NC lodged of the incidents etc.

4. 498a is a criminal trial so the circumstantial evidence leading to the incidents of allegations are to be proved, so questions are usually asked accordingly to disprove wife claims.

Joy Bose

1 Like

Adv Haresh Raichura (Advocate on Record)     25 February 2020

The question about burden of proof is technical. little value in such cases. Both parties should lead best possible evidences.

Dr J C Vashista (Advocate)     26 February 2020

What is the opinion and advise of the lawyer engaged / paid by you, who is well aware about the facts of case and an able, competent and intelligent enough to satisfy your queries / questions, if it is a true story ??

P. Venu (Advocate)     26 February 2020

In a criminal case, burden of proof is upon the prosecution/complainant. In a civil case, where both the parties have adduced evidence, burden of proof is only secondary importance. Trial for offence under Section 498A follows thw criminal procedure where as for trial for DV allegations is according to the civil procedure.

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