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evidence in 498a and 406


Respected Experts

  498a and 406 filed. accused are parents of husband and the husband. IO keeps calling parents to find details about the boy, even though biy doesnt stay with parents as he is an NRI. IO keeps asking about his salary and place of work. Chargesheet has not been filed. There is a lot of evidence which can prove that accused not guilty. I have the following queries:

1) As its a criminal complaint, so isnt it upto the prosecution to prove the guilt of accused and IO to do investigation?

2) Should we give all evidence to IO? this we are not comfortable as we believe IO is supporting the other party? Should we keep all evidence till evidence stage? the lawyer is telling us to give all evidence to IO. But if we dont give evidence, can th IO get the bail cancelled by saying the accused are not supporting investigation, as we are not giving out our financial information.  The IO is taking written statements from parents and in a list of questions put points like how many lockers, which banks accounts we have. Is it normal?

Any advice would be highly appreciated.


Dont give any information about your lockers or bank accounts to the IO. 

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By seeking your financial information, iO would decide your paying capacity and accordingly he/she will ask bribe from you for not harassing you and favoring chargesheet and what not..

Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

An accused person has the right to be silent with respect to anything that has the tendency to incriminate him. Although he has to participate at all stages in the investigation in order for truth to be arrived at. He is given immunity from stating during investigation to police any facts which expose him to criminal liability. Indeed the Burden of Proof is on the prosecution to prove a man guilty beyond all reasonable doubts, and Investigating Officer is entrusted to investigate independently. However not disclosing and if they are found it by other means, would somehow raise an adverse inference pointing at your guilt later. In this regard See the follows (S.161 CrPC/Art 20 Constitution/Nandini Sathpathy vs PL Dani - Supreme Court)


Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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 do not give any evidence to IO in fact keep it under tight wraps till your turn comes in court. whatever evidence you give IO is going to write in charge sheet that prima facie 498a/406 case is made out  . case will ultimately be fought in court on merits.  hire a good lawyer to accompany  you during investigation.Type of questions asked will depend on allegations. Questions about salary and place of work is not asking for evidence. your evidence will be something like letters audio recording,bills etc disproving charges. you are confusing between evidence and information.you will have to provide  all information asked by IO else he can request the court to withdraw bail if he can establish before court that this information is relevant to case




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