By, Admin
12/24/2024
Comments (02)A 498A case, filed under Section 498A of the Indian Penal Code (IPC)/ Sections 85 and 86 of the Bhartiya Nyaya Sanhita, 2023 (BNS) for cruelty by a husband or his relatives towards a wife, typically proceeds through several stages in the legal process. Here’s a breakdown of the key stages
A 498A case, filed under Section 498A of the Indian Penal Code (IPC)/ Sections 85 and 86 of the Bhartiya Nyaya Sanhita, 2023 (BNS) for cruelty by a husband or his relatives towards a wife, typically proceeds through several stages in the legal process. Here’s a breakdown of the key stages
The process begins with the wife or her family filing a First Information Report (FIR) with the police under Section 498A. This usually includes allegations of physical, mental, or emotional cruelty, and may involve
demands for dowry. Once the FIR is registered, the police may start an investigation.
The police investigate the allegations by gathering evidence, interviewing witnesses, and examining documents. They may also question the accused parties. During this stage, the accused may apply for anticipatory bail to avoid arrest. If the police find merit in the allegations, they will proceed to prepare a chargesheet.
f the investigation substantiates the claims, the police submit a chargesheet to the court within the statutory period (60 or 90 days, depending on custody status). If no evidence is found, the police may close the case with a closure report, which the complainant can challenge in court.
Upon receiving the chargesheet, the court issues summons to the accused, requiring them to appear in court. Failure to appear may lead to the court issuing a warrant for the accused’s arrest.
Once the accused appears in court, the judge examines the case's details and determines if there is sufficient ground to proceed. If so, charges under Section 498A IPC and any other relevant sections (like Section 406 for criminal breach of trust) are formally framed.
The accused is asked to enter a plea (guilty or not guilty). If the accused pleads not guilty, the case proceeds to trial.
Examination-in-chief of Witnesses: The prosecution presents its evidence, and witnesses are examined. Cross-examination: The defense has the opportunity to cross-examine prosecution witnesses to test the reliability of their
statements. Defense Evidence: After the prosecution concludes, the defense can present its evidence and witnesses.
