if wife files DV against husband and in-laws, who has the onus to prove there was voilence ? the police or wife ?
manoj 03 November 2017
The station house officer is the party on behalf of prosecution witness 1(complainant). Even in every case whether it is civil case or criminal case the onus is on plaintiff in civil case and complainant in criminal case. The evidence given by Prosecution witness No1 along with other witnesses must be proved the allegations, otherwise the prosecution may loss the case. The SHO will be the one of the witness in the proceeding case, He will be crossed basing on the evidence recorded in 161 statements before them at the time of investigation, even the evidence given by SHO before the court is in against the pleadings, the complaint and other witness should properly give evidence before the court. otherwise the complainant may loose his/her case. If you want any judgments on this type of issues, I will provide.
If the wife files DV case the onus to prove that she was subjected to DV lies on her. And the SHO who registered the case. As this is a criminal case the SHO would be the complainant on behalf of the wife. If it is a civil case, he becomes the plaintiff, as my Ld. Brother Mr. Manoj rightly pointed out.
The SHO would be cross-examined on basis of information recorded by him u/Section 161 CrPC.
As DV cases are generally criminal in nature,the onus of proof lies on:
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Siddharth Srivastava (Advocate) 03 November 2017
Wife file complaint on the basis of which police investigate the matter and file the final report. It is a state case so state proves its case in support of its investigation and final report.