COURT WILL GRANT PERMISSION TO DE FACTO COMPLAINANT, A VICTIM, TO CONDUCT PROSECUTION INDEPENDENTLY AT ANY STAGE OF PROCEEDINGS

According to the proviso in Section 24(8) of CrPC, the court may permit the victim to engage an advocate of his or her choice to assist the prosecution. In a case before the Hyderabad High Court, the petitioner woman is the de facto complainant in the case pending before the metropolitan magistrate’s court. The crime registered against her husband is for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act. The judge held that the de facto complainant was entitled to conduct prosecution and participate in the proceeding including either personally or by engaging an advocate of his/her choice. He made it clear that the de facto complainant was permitted to engage a private advocate and conduct prosecution by further examination of any witness in addition to what Additional Public Prosecutor conducted, if any.

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