Burden of proving allegation

Querist : Anonymous (Querist) 21 March 2011 This query is : Resolved
Hi
in dv and 498a, burden of proving allegation is on person making allegation or the person against whom allegation is made.

If burden of proving allegation is on person making allegation then why do we see so many family in jail for fail allegation.

Follow Query

Report Abuse

M.Sheik Mohammed Ali (Expert) 21 March 2011
if you want to conviction you only prove your side.

Querist : Anonymous (Querist) 21 March 2011
why would someone want his own conviction,
sorry sheik sir, i could not understand your response.

Gulshan Tanwar (Expert) 21 March 2011
There is burden of proof which shifts that is there is ONUS of Proof. First it shifts/ rests who had made the allegation and thereafter it shifts to the other person upon whom the allegation is made and if both are successful in proving and disproving, then the Court had to decide that in whose favour the balance lies more. :)

H. S. Thukral (Expert) 21 March 2011
During the trial an accused is kept in judicial custody so that he does not escape from law. it depends upon the seriousness of crime and other circumstances whether the accused should be kept in custody or bailed out. till he is convicted he is innocent notwithstanding that he is in custody. the onus of proving the guilt is on prosecution that too without any doubt. The offence under 498A was considered serious enough to deny bail to the accused. However there is great discussion that it is being misused.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries