Legal Question in Criminal Law in India

Re: Section 138

in sec 138 complaint the correct word is accused and not defendant.

Re: Section 138

The word "defendant" is related to civil suits only whereas the word "accused" is used in criminal cases. One cannot call the accused as witness whereas only court can call the persons as witnesses. So far as accused is concerned, he has to appear in court in any circumstances.

Re: Section 138

The complaint may address the drawer as accused right from his complaint onwards till final decision.

A person remain accused from the time he is suspected of having committed an offence. There is some distinction between "convict" and 'non-convicts' while lodged in Jail. A person, if detained in jail, will be 'under-trial' till not convicted; and a 'convict' if the court finds him guilty.

Re: Section 138

In a court proceedings, parties are referred as complainant and accused and such party can be so referred by everybody in the proceedings.

Re: Section 138

you can call him accused in your affidavit instead of respondent.

Re: Section 138

In the complaint of s. 138 the correct word is accused and not defendant.