Sanket Sharma (AM) 30 May 2011

Accused Investigation

Dear Legal friends,

In 498a case,Is it mandatory to investigate the accused before submitting the charge sheet to court, If the I.O has not given the opportunity to the accused to tell the facts with him/her before submitting the charge sheet in the honorable court. How does it helps to accuse to fight against his case.

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(Guest)

Hi Sanket,

The Investigating officer is supposed to consider whatever is provided to him by the accused and submit those also to the court while the accused cannot b "forced" to provide any evidence to police at this stage.

If you had voluntarily provided the evidences and still he has not considered the same in the charge-sheet, you can challenge the charge-sheet in higher court based on the evidences too. If the evidences are very strong, only then it is really useful to use the same before the trial (in case of accused). And, if there are no evidences submitted by the complainant and still the charge-sheet has exorbitant sections added, it would be good for you to challenge the charge-sheet and get the sections reduced.

It commonly happens in 498A cases that the charge-sheet is made without considering any of the evidences even given voluntarily by the accused.

IF you were not even called or heard then the charge-sheet is clearly faulty and you can urself ask for further investigation under section 173(8)...but b sure, this will also giv police ample opportunity to harass you on the pretext of investigation...