Nitish Banka

    • Types of witnesses in 498a and How to deal with them?

    here are certain types of witnesses in 498a and there is a strategy to deal with each one of them we are going to discuss this in detail with this article

    PW-1 is complainant or wife, this witness has made a complaint against you, now the initial burden is on the wife/complainant to prove her case and that too beyond reasonable doubts. Now first she has to corroborate her allegations with independent witnesses as well as documentary evidence and also the more details she add to the incident more difficult is it to break the witness.

    PW-2 to 4 can be mother, brother or father of the complainant they are interested witnesses. I have made a video on interested witnesses, you can see to get an idea. The evidentiary value of such witnesses are very low and these witnesses may be a witness to a hearsay situation wherein the wife has complained about the incidences. Now if they state direct situation then it would be difficult to break these witnesses.

    PW-5,6 Independent witness can be neighbors, friends who may have witnessed some witness to dowry demand and harassment, such type of witness are not there in false case, however if they are not present cannot make a case false. They have greater evidentiary value than the interested witnesses. Because they don’t have any motive and why they would give false statements to police and court. These witnesses are difficult to break, if they support the complaint, discrepancies and improvement are one of the way to break these witnesses.

    Pw-7/8 are the formal witness they are doctor and IO. The medical professional can be cross examined on discrepancy of medical report and IO can be cross examined on discrepancy of 161 statements recorded by him and on investigation

    Advocate Nitish Banka

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