Advise regarding complaint under section 498A.

139 votes

Under 498A the police must have registered FIR. If there is a FIR, the complainant will be a prosecution witness.

She will be summoned by the court for deposing before the court. The public prosecutor will examine her and the lawyer of the accused will cross-question her (cross-examination). 

Since in your query you have written "complaint case" then I would also like to tell you the procedure to be followed in a a complaint case.  you lawyer will file a list of witnesses and your lawyer will get the witnesses examined. as a complainant herself will get herself examined by her own lawyer.  

LawRato LawRato

616 votes

After charge sheet is filed the court will summon the prosecution witnesses. complainant will be called by the court to depose as witness and the complainant can take help of her own lawyer or else the public prosecutor is for examination of witnesses.

Advocate Gaurav Malhotra LawRato

854 votes

dear querist, under 498A the police must have registered FIR. If there is a FIR, the complainant will be a prosecution witness. She will be summoned by the court for deposing before the court. The public prosecutor will examine her and the lawyer of the accused will cross-question her (cross-examination).
Since in your query you have written "complaint case" then I would also like to tell you the procedure to be followed in a a complaint case. you lawyer will file a list of witnesses and your lawyer will get the witnesses examined. as a complainant herself will get herself examined by her own lawyer.

LawRato LawRato

721 votes

If it is the complaint case as mentioned by you in your query then the witnesses mentioned in the List of witnesses filed along with the complaint case need to be examined one by one and then the said witnesses would be cross-examined by the accused side.
If an FIR has been registered in the case then the govt. counsel i.e., Public Prosecutor would be responsible for getting the prosecution evidence done in the court and then the accused side would cross examine the witnesses. Also statement of the complainant recorded by the police known as 161 statement needs to be detailed in the court while witnesses examination.

Advocate Ankur Aggarwal LawRato