498a & 406 & rcr
Mustafa Bhat
(Querist) 23 March 2014
This query is : Resolved
Lady filed RCR & than after two days of RCR filed an FIR for 498A & 406.In RCR the lady says she was enjoying marital bliss with her husband.
In FIR the lady says she was beaten by husband for dowry.
Can it be useful to accused in trail for 498A & 406 as same is under trail.
If so plz guide.
Devajyoti Barman
(Expert) 23 March 2014
Yes, it would be very useful. Produce the certified copy of the plaint during evidence.
Mustafa Bhat
(Querist) 24 March 2014
Sir
During the cross examination of lady or during the argument after cross examination of PWs is over.
Dr J C Vashista
(Expert) 24 March 2014
The author/victim has to disclose identity before getting any expert advise, it is an unonimous query
Rajendra K Goyal
(Expert) 24 March 2014
Author please disclose your identity as required by the expert Dr J C Vashista ji.
Mustafa Bhat
(Querist) 25 March 2014
Sir,
I am a victim of 498A & 406, living in J&K.
T. Kalaiselvan, Advocate 
(Expert) 25 March 2014
Her contradictory statements, if it is in your favor will certainly help you to contest and challenge her cases in a befitting manner, you may instruct your advocate on this issue and hint him with any more such evidences in your possession.
Biswanath Roy
(Expert) 26 March 2014
Sec.498A APPLIES FOR HARASSMENT AND CRUELTY TO WIFE, WHEREAS, SEC.406 APPLIES FOR CRIMINAL BREACH OF TRUST.
If the wife complained in an FIR. that husband harassed her and beaten her for dowry then I shall say offense u/s.498A FALLS WITHIN THE VIRES OF THE PROVISION in as much as the vires of sec.498A IPC was assailed in a Delhi case and the Single Judge was moved to refer the question of vires to a larger bench on the ground that in view of Sec.4 of the Dowry Prohibition Act, Sec.498A IPC is violative of Article 20(2),Constitution of India, Providing the bar to double jeopardy.
Mustafa Bhat
(Querist) 26 March 2014
Mr Roy Sir,
Please elaborate it sir as i am not so familiar with law,i am not getting it.
Biswanath Roy
(Expert) 26 March 2014
TO MEET YOUR SAID POST i SHALL HAVE TO CLARIFY ARTICLE 20(2) OF THE CONSTITUTION OF INDIA AS WELL AS SEC. 4 OF THE DOWRY PROHIBITION ACT WHICH IS A LAUDABLE TASK HENCE, YOU MAY TAKE OUT A PRINT COPY OF MY POST AND GIVE IT TO YOUR LAWYER WHO MAY HELP YOU.
Mustafa Bhat
(Querist) 30 March 2014
Roy Sir
"No person shall be prosecuted and punished for the same offence more than once"
"Demands, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both: Provided that no court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government may, by general or special order, specify in this behalf.
Help me sir, how to utilize it
Biswanath Roy
(Expert) 30 March 2014
In criminal cases accused gets much benefit THAN THAT OF PROSECUTION as he has to act in defense, he is not liable for discharging any burden to prove the allegations against him but to defend the same following principles laid down in ONUS PROBANDI. Proving the facts that the groom demanded dowry is a hard task because it is substantative. A Judge as a man of the society knows very well that there is no such fool who can demand dowry openly leaving some evidence behind. So why you worried for? Better create your defense line intelligently so that at the time of cross examination you can gain over it.
