What would be the best defence against 498a

Brother,

In the initial stages:

Once the FIR is filed, you are behind bars. You can abscond and try for Anticipatory Bail. If you get AB, you are free to fight your cases with ease. Your intial trauma is not there.

Sit quite till the charge sheet is filed. Read it thoroughly, discuss with a good lawyer who has experience in 498A related matters. If the charges (Allegations) are not calling 498A (Only a good lawyer with good legal knowledge) will be able to say, you can file for quashing in the HC of the respective state.

At the trial Stage:

Burden is on her to prove her allegations. You have to hire a good lawyer to cross-question the prosecution witnesses. If they fail, you win the case.

If in the trial stage, if you can prove that she is insane (proper documented proof, like Psychiatrist's prescripttion,details of treatment) then it may work. But this will happen only at the trial stage, when the prosecution witnesses will be questioned by your lawyer.

These are no defences.

Better let prosecution first prove the case and then think of defence evidence.

Most of the criminal cases fall on prosecution level itself.

so at the trial stage, insanity will be a good weapon in the hand of defendant. great. a little ray of hope.

you have said ; i got an AB and charge don't attract 498A

what if

1] i don't get an anticipatory bail and the charge attract 498A

2] i don't get AB and charge don't attract 498A

3] i got an AB and charge attracts 498A

please advice in the above possible situations.

very vague questions, we are not here to give views in all remotely probably scenerios.

Cases are fought on merits, if you need any advise, please disclose the facts of the case.

To fight against case  under section 498A, it may become a good defence to file a suit for restitution of conjugal rights. In my experience, I was able to avoid arrests of my clients.

Prithwish Ganguli

prithwishganguli@gmail.com

www.prithwishganguli.yolasite.com

9903016246

RCR RCR RCR.

I have seen judges rubbishing the same left right and center.

Yes, RCR no shield for 498a fire! Rather u CONDONE her misdeeds & hurt ur future interests!