police have not taken statement of accused

865 votes

Accused ko yeh Saabit karna hoga ki Police ne uska Bayan nahi liya tha aur Bayan liye bina hi 41 k wale documents pe uske sign le liye, jo ki apne aap me Police ke khilaf Gambhir Apradh Siddh ho sakta hai, saath hee me , Accused ko bachne ke liye, Cleanchit paane ke liye, yeh bhi saabit karna hoga ki usne appne Self Defence me Hit kiya tha Victim ko.

Advocate Pankaj Bajaj LawRato

710 votes

Hello, First of all you need to get a copy of Charge Sheet and appoint an advocate to defend the case of accused so that there is no negligence on your part. Further Section 334 of the IPC is an exception to Section 324 of the IPC. In Section 324, we see that if someone is hurt voluntarily by another person with a dangerous weapon or means, the person who is hurt shall be saved by the provision of Section 334, i.e., voluntarily causing hurt on provocation. According to the Section, if someone causes hurt voluntarily on grave and sudden provocation and the person who provoked him has the intention and knowledge of the act, then the person committing such an offence shall be punished with imprisonment for a term that may be up to 1 month or a fine that may be up to Rs. 500 or with both. Here an important element is that the person causing hurt has no knowledge or intention of his act. Thanks

Advocate Shivam Pravin Singh LawRato