498a whether cognizable or non cog

Querist : Anonymous (Querist) 29 October 2011 This query is : Resolved
if complaint is filed by victim or not decide its cognizabilty.

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ajay sethi (Expert) 29 October 2011
Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are duty bound to register and investigate a cognizable offence. 498A is a cognizable offence

Querist : Anonymous (Querist) 29 October 2011
in both situaation is it cognozable?.be it instituted by real victim or not real victim.i think be its not cognizable if real victim dont fir or complaint.

prabhakar singh (Expert) 29 October 2011
"if complaint is filed by victim or not decide its cognizabilty."
IS AN AMBIGUOUS QUESTION! HENCE NO REPLY.

Prashant (Expert) 29 October 2011
in short cognizabilty is not depend on complainant but it is depend on the the type of crime and the applicability of section by the police at the time of registering the crime. mainly the principle of Criminal Law as the law can be set in motion by any person i.e. it may be a victim or any person can set the law in motion. so it is not depend on the person who files a complaint but it is a commission of a crime.

sanjeev murthy desai (Expert) 29 October 2011
agree with Mr Prashant

Shonee Kapoor (Expert) 30 October 2011
I think the legislature decided it to be cognizable for all, they didnot know that some would want to pre-judge the bona-fides of the complainant and therefore it should be left ambiguous.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Dr V. Nageswara Rao (Expert) 31 October 2011
As is well known, the cognizability of an offence is determined according to Sch.I of CrPC. It says that S. 498A is cognizable if information regarding the commission of the offence is given to police by the aggrieved person or his relative.

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