4 of dowry prohibition act
Ram
(Querist) 10 March 2020
This query is : Resolved
My wife has filed criminal case against me u/s 498-A and 4 of Dowry Prohibition Act.
She has filed 4 of DP act after 8 years of marriage.
Question:
1) Is it TRUE that wife cannot file 4 of DP act after 7 years of marriage.
2) In 4 of DP act the burden of proof is with whom? Either wife/prosecution or Accused/Husband?
3) Indian Evidence Act section 101 and 103 says burden of proof lies on person who asserts anything. But section 8A of 4 of DP act says burden of proof lies on accused who has to prove that he is not guilty of demanding dowry. Does section 8A of DP act overrides Indian Evidence Act 101 and 103?
KISHAN DUTT KALASKAR
(Expert) 10 March 2020
Dear Sir,
Yes, the burden of proof is to be discharged by the wife and thereafter the burden shifts upon the husband. In case of dowry death within 7 years of marriage then it is for the husband to prove his innocence.
Raj Kumar Makkad
(Expert) 10 March 2020
1. As the office is in continuity hence there is no such limitation.
2. Upon complainant till the prima-facie evidence is brought on file and thereafter it shifts to the acused to rebut the same,.
3. Special Act superceeds the general Act.
Ram
(Querist) 11 March 2020
Thank you Experts Honourable JUDGE Mr. Kishan Dutt and Mr. Raj Kumar Makkad
Rajendra K Goyal
(Expert) 13 March 2020
Whether the case is for demanding dowry or giving dowry? Taking and giving dowry is punishable offence u/s 3 of Dowry Prohibition Act 1961.
T. Kalaiselvan, Advocate
(Expert) 18 March 2020
1. This is a continuous offence, there is no limitation for lodging the criminal complaint by the wife against the husband, what if the husband is claiming dowry even at this stage of 8 years of marriage, you mean it will not be termed as an offence in terms of the provisions of the prescribed for this purpose.
The burden of proof will always lie on the prosecution and not on the accused.
This is a special provision in law included to redress the victim women hence it can override the provisions of Indian evidence act
