What happens after FIR under 498A ?
1 year ago
Kindly explain the process after case is filled under 498A
A.Dear Sir,
Breaking: Supreme Court Issues New Guidelines To Prevent Misuse Of S.498A IPC [Read Judgment]...
https://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/
Breaking: Supreme Court Issues New Guidelines To Prevent Misuse Of S.498A IPC [Read Judgment]...
https://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/
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A.Hello Sir,
All complaints under Section 498A IPC received by the police or Magistrate must be sent to the committee. The committee must look into the matter and send a report on it within 30 days to the authority that referred the complaint. No arrest must be made until a report is sent by the committee.
Mostly the evidence is oral in 498A, i.e. Witness Statements and Cross Examination, though there can be medical/ other evidence as well. In first step the Public Prosecutor asks the witness to narrate his/ her version of facts and then the accused/ their lawyers get an opportunity to cross-examine them.
The burden of proof of showing that such an offence has been committed by the Accused Under Section 498-A Indian Penal Code is on the prosecution.
All complaints under Section 498A IPC received by the police or Magistrate must be sent to the committee. The committee must look into the matter and send a report on it within 30 days to the authority that referred the complaint. No arrest must be made until a report is sent by the committee.
Mostly the evidence is oral in 498A, i.e. Witness Statements and Cross Examination, though there can be medical/ other evidence as well. In first step the Public Prosecutor asks the witness to narrate his/ her version of facts and then the accused/ their lawyers get an opportunity to cross-examine them.
The burden of proof of showing that such an offence has been committed by the Accused Under Section 498-A Indian Penal Code is on the prosecution.
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