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Azizur Rahman   11 November 2018

Identity proof

Respected sir

Is it needed to informant of an FIR to show their identity in court proceeding if it is aked by the advocate of accused?

Which documents can be used by informant as identity proof in court?

If submitted identity proof is found to be result of a fraud, then can it be accepted by the court?

Can a fraud identity proof be the basis of cancellation of a case? Actually an informant has filed an FIR and that case is now on trial. But, case was filed by a name which does not exist. Her High school certicate shows that her name is another. Her name is not the name by which application for FIR was given to police and case has been filed by this fraud name to harass the accused and police has nowhere mentioned her real name in the chargesheet.

Please, help me to know this.

Thanks a lot sir



 9 Replies

MPS RAMANI (Scientist/Engineer)     11 November 2018

It is difficult to answer the question without knowing the facts. A person who files an FIR is not called informant. He/she is called the complainant. It appears that in this case the compalinant is a girl and later when the case came up for trial the name was different. What was the case? Was it a case of s*xual harrassment?  There are instances recently when FIR was filed by the police merely on the basis of Facebook narration. Hence a case may be considered maintainable even if the two names are different, The defence lawyer can certainly ask for proof of identity of the victim/survivor.

Azizur Rahman   11 November 2018

Sir A case of 498A is filed by wife against husband and husband's parents sister and brother in law. Wife married by a false name and filed a case by false name hiding original name for fraud purpose.

MPS RAMANI (Scientist/Engineer)     12 November 2018

Adopting a different name cannot be called false name. The original name of famous actor Dilip Kumar is something different. No one can say Dilip Kumar is a false name.  If a woman assumes a different name at the time of marriage it is not an illegal act unless one can show the purpose of her assuming a different name was to hide some facts which would have adversely affected her, If she assumes a different name, gets married and uses the same new name for the purpose of filing a 498A case it cannot be said that she has committed a fraud. One has to look at her complaint under 498A on its own merits.

Azizur Rahman   12 November 2018

I agree you sir. But there is a generalisation that ones nature and signature can not be changed. She has filed a case by a name other than certificate name and also the signature in FIR is new and not the original one used during study for certificates. Need your response sir

Azizur Rahman   12 November 2018

I agree you sir. But there is a generalisation that ones nature and signature can not be changed. She has filed a case by a name other than certificate name and also the signature in FIR is new and not the original one used during study for certificates. Need your response sir. She had given application for FIR with false name and false signature other than original signature

MPS RAMANI (Scientist/Engineer)     14 November 2018

If a wife files a case with a different husband can say that she was not his wife and ask for dismissal of the case.

Azizur Rahman   14 November 2018

Respected sir Is it needed to informant of an FIR to show their identity in court proceeding if it is aked by the advocate of accused? Which documents can be used by informant as identity proof in court? If submitted identity proof is found to be result of a fraud, then can it be accepted by the court? Can a fraud identity proof be the basis of cancellation of a case? Actually an informant has filed an FIR and that case is now on trial. But, case was filed by a name which does not exist. Her High school certicate shows that her name is another. Her name is not the name by which application for FIR was given to police and case has been filed by this fraud name to harass the accused and police has nowhere mentioned her real name in the chargesheet. Please, help me to know this. Thanks a lot sir

Azizur Rahman   14 November 2018

Respected sir Is it needed to informant of an FIR to show their identity in court proceeding if it is aked by the advocate of accused? Which documents can be used by informant as identity proof in court? If submitted identity proof is found to be result of a fraud, then can it be accepted by the court? Can a fraud identity proof be the basis of cancellation of a case? Actually an informant has filed an FIR and that case is now on trial. But, case was filed by a name which does not exist. Her High school certicate shows that her name is another. Her name is not the name by which application for FIR was given to police and case has been filed by this fraud name to harass the accused and police has nowhere mentioned her real name in the chargesheet. Please, help me to know this. Thanks a lot sir

MPS RAMANI (Scientist/Engineer)     15 November 2018

Identity of a person starts with name. Any legal document starts and ends with identity.  Identity starts with name-----son of-daughter of-wife of so and so and then age about so many years and residing at address. The document ends with what is called verification saying I, so and so say what is stated above is true to the best of my knowledge and belief.  If you marry a woman whose name was 'A' as you knew her at the time of marriage and she files an FIR or case against you assuming name 'B', you can say that you did not marry 'B' and that you did not know who was 'B'. She will be able to proceed only if she is able to prove that she was really 'A', changed her name to 'B' and give evidence and justification for the change. If her justification with evidence was accepted by the court, you will also have to accept it and proceed accordingly.


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