Sunday 22 May 2022

Questions and answers on law Part 41


Q 1:- Domestic violence case is exparte. The wife is seeking direction from the court to direct the husband to provide her necessary documents like ration card, Adhar card, etc., for obtaining the child's birth certificate. Can the court order pass any such direction in domestic violence case?

Ans:-  Yes, S 23 of the DV Act empowers the magistrate to pass such interim order as it deems just and proper. S 28 of the DV Act even empowers to lay down its own procedure for disposal of any application under sec 12 or 23. So if an affidavit of the aggrieved woman duly supports the application, the magistrate can pass necessary orders that are just and proper.

Q 2 :- Whether  magistrate can ask police to preserve CCTV footage in police station on application of the accused in crime punishable under section 353 of IPC which is alleged to have occurred at police station?

Ans: If CCTV footage is vital evidence, court can issue any suitable directions to preserve it.Important aspect is to preserve it. If magistrate thinks that police can preserve it, directions can be given.

Or magistrate is of the opinion that it is not safe to keep it in police station, directions can be issued to deposit in court.

Therefore ultimate purpose is to keep it in safe custody.

This is my opinion. What is your opinion?

Q 3:- In a non-compoundable case, when parties compromise the case and file pursis, should the fact of compromise be allowed to be put to witness by APP?

Ans:- If there is a compromise between parties in a non-compoundable case, it is between parties. When the witness entered the witness box and declared hostile, APP has every right to put all the questions, including the fact of compromise. Depending upon the gravity of the offence, APP can ask questions on settlement. He must ask questions in cross-examination to defend the side of the prosecution. The court can not restrict the prosecution from asking questions about compromise.
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