How to face Trial in BNS 85, 351, 352, 115,

522 votes

Carefully go through your charge sheet, the statements made in the complaint and file a detailed reply denying everything after seeking liberty from the court and check all the annexed documents with the complaint. Attend every hearing through your advocate and take bail by filing a bail application on the next date itself, comply with all bail conditions, and preserve any evidence that supports your defence like WhatsApp chats videos etc.

Advocate Areeb Ansari LawRato

572 votes

If the case is under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (cruelty by husband or relatives of husband) and the charge sheet has already been filed, your focus should now be on preparing a strong defence during trial. Practical advice: Study the charge sheet thoroughly Compare the FIR, witness statements under Section 180 BNSS (earlier Section 161 CrPC), and all documents. Identify contradictions, omissions, and improvements made by the complainant. Challenge vague allegations If the FIR contains only general allegations without specific dates, incidents, or overt acts against the accused, highlight this during cross-examination and final arguments. Courts have repeatedly held that vague and omnibus allegations require careful scrutiny. Collect defence evidence WhatsApp chats, emails, bank records, call records, photographs, travel records, medical records, CCTV footage, or any independent documents supporting your defence. Cross-examination is crucial Test the complainant's credibility by questioning inconsistencies and absence of corroboration. Avoid unnecessary or argumentative questions. Attend court regularly Comply with all bail conditions. Do not contact or threaten prosecution witnesses. Consider discharge or quashing (if applicable) If there are legal grounds and the material in the charge sheet is insufficient, consult your advocate regarding an application for discharge or, in appropriate cases, a petition before the High Court. Prepare for final arguments Emphasize contradictions, lack of independent evidence, delay in filing the complaint (if any), and failure of the prosecution to prove guilt beyond reasonable doubt. A chargesheet does not mean conviction. The prosecution must prove every essential ingredient of the offence beyond reasonable doubt. A well-prepared defence, effective cross-examination, and documentary evidence can significantly strengthen your case.

Advocate Vishal Bhagwan Punwani LawRato