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under whch sec i can fil appl to state to mark the evidence b4r dishrg


30-Sep-2025 (In Criminal Law)
in 498a matter , i want to file an application so that the state(IO)  will mark the evidence in the chargesheet, in the charge sheet IO did not specify the evidence. IO added the CAW cell , mediation, some of the complainant documents like whatsup message, marriage photo.  it is unclear on which document IO wants to reply on.  so that i can say in my discharge application that insufficient evidence to bring the accused to conviction. and it will help during the discharge application argument
Answers (5)

Answer #1
997 votes
In a 498A matter, the IO is bound to file the charge sheet with all evidence relied upon. If the IO has not marked or specified the evidence, you may move an application before the trial court u/s 173(8) CrPC or file a representation to the Court seeking clarification on what material is being relied upon by the prosecution. This will help you later in discharge arguments because the burden will be on the prosecution to show admissible and sufficient evidence for framing charges. In your discharge application, you can specifically point out that WhatsApp messages, photographs, or CAW Cell papers are not substantive evidence unless duly proved, and therefore there is insufficient material to proceed against you. This approach will strengthen your discharge application and highlight that the charge sheet suffers from lack of proper evidence.
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Advocate Adarsh Kumar

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Answer #2
935 votes
Discharge application can be filed within 60 days from date of supply of copies provided instituted on Police Report if BNSS is applicable on your case that is filed after June, 2024. At this stage your representation plays a crucial part. The answer to the query is general and precise advice can only be given after knowing correct facts.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

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Answer #3
694 votes
Law as it stands does not permit an accused to insist upon the Police to add or delete evidences from the Chargesheet. However, to address your concern, you may file and application under Section 207 (CrPC) to seek a direction that list of unrelied documents be produced by the IO. This may help you achieve the objective you have.
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Advocate Tejasv Anand

Adv. Tejasv Anand

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Answer #4
968 votes
There is no such procedure that you are wanting. You can argue on the point of charge during arguments on charge. You can point out the deficiencies before the court and ca file written arguments before the court. Please reach out for further discussion
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Advocate Bhawani Gupta

Adv. Bhawani Gupta

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Answer #5
790 votes
Your question is not clear However please clarify whether you are from defense side or complainant side At one place you are talking about discharge application and other place you are telling about to mark the evidence For more detail discussion and help please connect with me
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Advocate Anuj Ranjan

Adv. Anuj Ranjan

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