Advise regarding complaint under section 498A.

What is the procedure for prosecution evidence by the complainant in the trail in the complaint case made under Section 498 A

Answers (3)

191 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.  

116 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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

297 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.

Popular Criminal Lawyers

Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
24 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Criminal Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles