Legal Question in Criminal Law in India
A false charge of slapping a female in public is on accused u/s 354 ipc where as accused just pushed the female lightly behind her head to save his 2 year old child, when the female was trying to throw lime water, ( chune ka pani ) used for white wash on his child, this happened outside the office of accused which was being whitewashed on that day, and the office is on a main road, the wife of accused is witness, where as female's driver is ready to give false witness that the accused slapped, what is the possibility of proving the accused innocent, which he is, whether this act of pushing to save his child be brought u/s 95 trivial offence or u/s 96 self defense, please tell any case laws also.
2 Answers from Attorneys
Under Indian Legal System, there is no burden on an accused to prove himself or herself innocent.
In cases, where a false case is being filed, there is bright possibility that during cross-examination of such witnesses, truth may come out or falsities stand exposed.
your lawyer can get the truth out in cross examination.
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