How to prove a 498 a case? This question strikes every mind that has or there loved one's have faced cruelty for demand of dowry.
Demand of dowry is very prominent in our society and has been haunting our society from very long time now. It was evidently seen that young women were subjected to cruelty to get demands of dowry fulfilled. That also resulted in suicide or homicide of young married women. That forced legislature to amend I.P.C and introduce a new chapter XXA 498a.
These days it is quite evident that society is trying to stereotype 498 a cases as false cases. But there could be no denial that venom of section 498 a is still prevalent even though section 498 a I.P.C has played a very vital role in curbing venom of Dowry demand but venom of dowry demand is still evident in society. Thus punishment should be served to people still demanding and harassing wife's for dowry. So question arises how to prove 498 a case.
How to prove 498 a case
To prove a 498 a case u will have to prove two things
1.Demand of dowry by in laws.
2.You were subjected to Cruelty for demand of dowry
So demand of dowry and cruelty for demand of dowry both are to be proved at same time.
Before filling a fir you should brief a lawyer and get proper legal advice. Fir will be most important step to prove a 498 a case. So get properly advised by your lawyer what matter you need to state in Fir. If any demand is made by call you should record that conversation and later give it to police as proof.
After you have lodged a Fir Police will take /record your statement under section 161 Cr. PC. In this you will have give detailed account of dowry demand and cruelty. Exact demand of dowry and exact act of cruelty with exact date and time of incident and with exact role of each in laws in demand and cruelty has to be clearly stated. This statement to police under 161 Cr. PC is very important when trail begins and when you and your witnesses will be summoned by court for evidence. You will need to give almost identical statement in court as you have given to police under section 161 Cr. PC. This will be key to prove 498 a case in court. And witnesses of prosecution for example father, mother, brother of girl should also give statements in corroboration stating exact demand and incident of cruelty.
After giving your statement to police make sure you Get a copy of Challan (Final Report) from by engaging a lawyer. In Challan(Final Report) copy you will get copy of fir, final report, all statements of 161 Cr. Pc and all other documents collected by police during investigation.
Before giving evidence in court refresh your self and your witnesses with previous statement of 161 Cr.Pc. It is important to show during trail that statement is not rehearsed. So do not accept during cross examination that you had access to 161 Cr.Pc statement or you got trained by your lawyer to give statement.
Closing Remake:
So with reference to your query How to prove 498a case answer is key to prove 498a case consistent statement in fir, statement to police, statement in court with exact and detailed record of demand of dowry with detail of cruelty with specific date and incident.
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