498A
NAMRATA DONTUL
(Querist) 03 September 2009
This query is : Resolved
In case of 498A can a FIR be filed without medical examination of victim/complainant. If without medical examination of victim FIR is filed and chargesheet is presented then what provisions are available to accused.
deepak kumar
(Expert) 03 September 2009
FIR can be file without medical examination of the accused. if chargesheet is filed without medical examination the defence can use it for it's gain during trial.
ESTHERPRIYA
(Expert) 03 September 2009
He must be given due records and the accused can defend his case during the trial.
Bhumik Dave
(Expert) 03 September 2009
F.I'R. Can be filed without medical examination but its help in defending the case.
PARTHA P BORBORA
(Expert) 04 September 2009
IN A CASE U/S 498 A ONLY PHYSICAL OR MENTAL OR BOTH TYPE OF TORTURE BY HUSBAND OR BY HIS RELATIVES IS NECESSERY. THERE MAy NOT BE A MEDICAL REPORT AND EVEN THEN THERE MAY BE A GOOD CASE. IT DEPENDS UPON THE FACTS OF THE CASE.more over in a 498-A case only mental torture is sufficient to warrent the conviction. it is not necessary that there nmust be physical torture.