Is it the privilege (or right) of the complainant to quote sections under which case is to be filed or that of prosecuting agency depending on the facts of the case?
Arvind Singh Chauhan (advocate) 23 April 2012
Mentioning of section by complainant doesnt effect or affect the matter. Only these sections are relevant on which court take cognizance. Henece there is no question of such privilege.
Adv. Chandrasekhar (Advocate) 23 April 2012
If complainant is competent enough, he can quote sections in complaint. The prosecution may or may not include those sections or add some more sections. But, finally, the judge will frame the charges. At that time both the prosecution/complainant and also accused can put submissions about the relevance of the sections relied upon.
Anjuru Chandra Sekhar (Advocate ) 23 April 2012
@Adv. Chandu. Thanks. @ Sameer. Ha...ha...
Never Give Up (Fighter) 27 April 2012
I have a query for your replies,
If wife complaints under section 498A and accuse entire family, however by reading chargesheet judge says charges not framed against other family members except husband. (i.e 498a not made out , DV may be made out ) ..still other family members goes to jail..isnt it unfair law ??