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Shruti   24 August 2015

Original advocate or p.p

Who fights/contests the case of sec 498a in court on behalf of the Applicant (wife)? Her actual Advocate or a Public Prosecutor?


 1 Replies

Samir N (General Queries) (Business)     25 August 2015

It has been ruled by the Supreme Court that in a criminal matter covered under the IPC (unlike DV cases which are quasi-criminal), the PP and only the PP can represent the state/govt. This is required to assure that the defendant gets a fair trial. The complainant's advocate can assist the PP but not take the lead or examine witnesses. There are a few supreme court cases on this. For example, read this: https://indiankanoon.org/doc/385118/


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