evidence act with case law -notes

7/26/2019 evidence act with case law -notes

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CHAP-9: SEC 118-134

WITNESSES

The Witnesses Are The Most Important And Pa! "ita #oe In $oth Ci%i And Crimina Pro&eedin' (The )*di&ia A&tion Is $ased

+n ,eposition + Witnesses

Se& 118 .Competen&! + Witnesses

Se& 119- Competen&! + ,*m/ Witness

Se& 10- Competen&! A/o*t The Parties To Ci%i S*it 2And Their Wi%es +r H*s/ands .H*s/and +r Wie + Person nder

Crimina TriaSe& 101- Pri%ie'es A%aia/e To A )*d'e +r Ma'istrate 2 Who Sha Not $e Compeed To i%e His E%iden&e 2 E5&ept pon A

Spe&ia +rder + Some Co*rt (

Se& 100-Pri%ie'es A%aia/e To A Spo*se i%in' A/o*t Comm*ni&ation ,*rin' Marria'e(

Se& 103-Pri%ie'es A%aia/e To The State #e'ardin' E%iden&e As To A6airs + State

Se& 104-Pri%ie'es A%aia/e To +7&ia Comm*ni&ation(

Se& 10- Pri%ie'es A%aia/e To Ma'istrate And Poi&e +7&ers #e'ardin' Inormation As To Comm*ni&ation + +6en&e

Se& 10;< Se& 10=-Pri%ie'es A%aia/e In Proessiona Comm*ni&ation

Se& 108- Pri%ie'e Not Wai%ed $! "o*nteerin' E%iden&e

Se& 109- Pri%ie'e To The Con>dentia Comm*ni&ation With ?e'a Ad%isers

Se& 13- Prod*&tion + Tite ,eeds + Witness Not A Part!

Se& 131- Prod*&tion + ,o&*ments +r Ee&troni& #e&ords Whi&h Another Person Ha%in' Possession Co*d #e*se To Prod*&e

Se& 130-Witness Not E5&*sed @rom Anserin' +n The ro*nd That Anser Wi Criminate

Se& 133-The E%iden&e + A&&ompi&e(

Se& 134-N*m/er + Witness

Se& 118 .Competen&! + Witnesses

A person are &ompetent to testi! *ness the &o*rt &onsiders that the! are pre%ented rom *nderstandin' theB*estion p*t /eore them or rom 'i%in' rationa ansers to those B*estions 2 /! tender !ears 2e5treme od a'e 2disease2 o

/od! or mind or an! other &a*se o the same ind. Exp: Alunatic not incompetent-if he can understand and give rational answers.

Court refrain to take evidence if cant understand the question and can give rational answers

Children Lunatics

blind

Deaf

Dumb

Diseased person

Old aged

A( Competency of child witness A child of tender age may be allowed to testify if the court is satisfied that the child is capable of understanding the questions put

to him and give rational answers to the court .!upreme court held that evidence may be given by child "#$ % to &' yrs .Achild "#$ ( to ) yrs

can be allowed to depose if they are found capable of understanding the questions and giving rational answers to those questions. A childwitness under 12 yrs of age need not take oath as he does not understand the nature of oath .

"a*e o &hid E%iden&e

Dangerous witnessesdue to their tender ages *they forget easily what they have seen or heard .+hey may be easily induced orthreatened or influenced

+heir evidence should be scrutini,ed with utmost care and caution..t is always safe to have corroborated evidence .n case of rape

where the victim is a child of tender age the law does not require the corroboration co,child dont have motive on accussed to incriminate

falsely . f the court finds such evidence to be reliable and untainted it may lay conviction without seeking for corroboration..f there isdiscrepanicies in statement of a child witness it may be merely considered as well taught lesson and there is innocence or failure to understand

by the child.

f court find a person incompetent to give the evidence it must record the reasons for it .+here must be strict proof of incapacity .

,*t! o Co*rt - Preiminar! e5amination o &hid . VOIRE DIRE

+hough this is not necessary to make childs testimony admissible such thing is essential for the court to assess the mental capacity

of the child witness .+he preliminary e/amination is essential as it has merit of having the child witness in the hands of court for it to discover

by asking questions which have no relevance or connection with the facts about which that witness was e/pected to give evidence so that evileffect of torturing could not mark the assessment of the mental capacityof the witness by the court .

n case of court of Appeal the 0udge can arrive at a conclusion of competency by asking the child someother question and answers

preserved on by the +rial Court 0udge.

Pri%ie'ed Witness

A child witness is aprivilleged witness .+he court may allow such witness without administering oath .(1nder sec % of the oath act &)(2

provide witness must be e/amined on oath or affirmation .sec &2 of same act provides irregularity in oath#aff shall not invalidate any

proceeding or render any evidence inadmissible.

&. China "enad* "s( Emperor - 3ot administering oath.-co, of age and immaturity of child

4. !ueen "s.Dhani #am

Deliberate omission to administer the oath by child witness would not make the evidence of such witness inadmissible

2. Chan'an ,ame "s( State o *Darat

evidence of witness nt reliable if obtained by torture of child.such witness shud be corroborated though no rule of practice prudence and


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desirability.

'. ,hani aias ,haneshar Nai "s(The state o orissa

3o precise age limit can be given *ques whether thereis sufficient intelligence to depose and appreciate the duty of speaking truth.

( State o Maharastra "s("ias Pand*ran' PatiChild witness daughters of accussed 5eye witness of scene of occurrence .+.C didnt consider the testimony of children and acquitted .6.C.

on appeal the set aside such decision and held if daughter possess sufficient understaning against accussed the testimony can be relied upon

;( SanDa! #ama&handra Tarare "s(State o MaharastraChild eye witness in murder .7ave minute details occurred in his presence .8vidence supported by medical evdience and other material

particular.+.C convicted accussed .On appeal 6.C upheld decision and held that there is no torture of child or got up witness .

=( Na'am an'adhar "s(State + A(PAccused raped ' yr aged minor girl.+he minor girl gave evidence ."asing upon medical evidence and circumstantial evidence the +.C.convictedaccussed .On appeal by accussed that evidence of ' yr cant be taken .6.c.uphelcd decisionof +C.+hat if evidence of minor ' yr girl cant be

taken there circumstsntialand material proof to prove beyond doubt the guilt of accussed.n0ury on minor part of girl show that she was

se/ually assaulted

). #ameshar So Fa!an sin'h "s(State + #aDasthan

!C held that the 0udges and magistrate should always record their opinion the child undertsnd the duty of speaking truth and state opinion why

otherwise the credibility of witness my be seriously affected .f the witness is the child then 0udge must put questions and ascertain the e/t of

child witnesses intellectual capacity and understanding.

9( S*resh "s(State + (P

Accussed servant of deceased family *on day deceased house wife9 her 4son :aged ( 5% yrs; was present.n absence of her husband theservant tried to rape her.+he &stson and her resisted .+he accused receive in0usries thereby killed her and her &stson .6e gagged 4ndson which

caused clavicle fracture .+he % yr old sunil was evidence and for many vital question he nod head one way or the other .+he +C convicted

accused with death sentence .$hile the supreme court changed death sentence into life imprisonment

.$( Competency of lunatic

$unatic%&orn sane &ut &ecomes irrational afterward%is competent ' idiot%irrational &y &irth incompetent

)he duty of the court : e/amine the lunatic whether he can give competent evidence at lucid intervals .he possess the requisite amount of

intelligence and understands the nature of oathe and questions asked and he can give them rational answers.

C( Competency of Diseased* leper is a competent witness even though his body is diseased he can understand the question and give rational answers.

,( Competency of Extreme old personf a person lose his memory and recollection capacity due to e/trme old age ."ut there is no specification and upon the physical and

mental capacity of person differs from person to person.

E( Competency of +lind ,ersons +hey are competent to give evidence of what they heard and perceived by senses.

@( Competen&! + ,*m/ Persons .Se& 119 G This Se& EB*a! Appies To ,ea Person

+hey are competent to give evidence if they are able to understand the questions asked and give rational answers.+hus this sec

provides that such witness can give answer in any other intelligible manner *such as &y writingin written or &y signsmade in the open

court .8vidence so given shall be deemed to be oral evidence. 6e need not be dumb by birth but dumb at any stage .:science of sign language of dumb appliances of hearing aids spl tv programme for dumb;

n 8ngland signs made by dumb person may be translated by an interpreter but in ndia it is not accepted .

1( Praash Chand "s(State + H(P+he 6imachalpradesh 6.C held that while recording the evidence there must be a record of sign and not interpretation of signs

0( *een "s(A/d*aadras 6.C held that f the lunatic unable to understand and answer the questions at lucid interval he is incapable as a witness to be admitted.

'. Sham/h* d*tt shatri "s( State o #aDasthan G #amprasad "s(Hari Narain*?ule 2 of Order Of C


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A&& to se& 10 ie and h*s/and are &ompetent itnesses or and a'ainst the other . &on>nes to the interest o spo*ses on! (

E%iden&e a'ainst spo*se .wife filing mainainence case give aginst give aginst her husband 5husband for restitution of con0ugal

rights against wife.

E%iden&e in a% o spo*se- s*it or re&o%er! o mone! .if wife is witness of the pro.note.she can give evidence in fav of

husband.

-'it deed e5e&*ted /! ie . husband attest and give evidence in fav when required.

Se& 133 -Competen&! + A&&ompi&es a competent witness against an accused person and conviction is not illegal merely because it proceeds upon the uncorroborated

testimony of an an accomplice.

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Pri%ie'ed Comm*ni&ation

Pri%ie'e-ri'ht2ad%anta'e or imm*nit! /eon'in' to a person 2&ass or o7&e

The pri%ie'e o itness means the ri'ht o itness to ithhod e%iden&e to dis&ose &ertain matters (The

&omm*ni&ations that &annot /e &ompeed to /e dis&osed are des&ri/ed as Pre%ie'ed &omm*ni&ations

Prin&ipe :


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Se& 103-Pri%ie'es A%aia/e To The State #e'ardin' E%iden&e As To A6airs + State

Se& 103:No person sha /e permitted to 'i%e an! e%iden&e deri%ed rom the *np*/ished o7&ia re&ords reatin' to an!a6airs o state 2 e5&ept ith the permission o the o7&er at the head o the dept &on&erned ho sha 'i%e or ithhod s*&hpermission as he thins >t(

Pri%ie'ed State do&*ments

+he document which are the document relating to public affair of the state with in the meaning of sec &425&4' :official

communication ; are called as den&e2 hen he&onsiders that the p*/i& interest o*d /e s*6ered /! the dis&os*re(

)o the satisfaction of the court:+here should be a real reason given by the head of the department refusing the production and

disclosure of document.>erely saying that it would in0ure public interest #pre0udicial to public interest are not sufficicent .+hereshould be real danger of some in0ury being caused to the public at large.

Chadaa%ada S*//a #ao "s(Fas* $#AHMnanda #edd!


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+he doctrine of candour #confidentiality propounded by u.s.supreme court does not apply here in ndia .3ether the rule of protection against

self incrimination as prevalent in uk#usa accepted in ndia .

+hus it can be safely concluded that the stautory provisions of sec &42 5&4' 9 article (':4; have fully safeguarded high government andofficical secrets and disclosure is prohibited in public interest unless the court is satisfied that disclosure wil not harm the public interest.

@reedom + Inormation A&t 00 -01 SECTI+NS AN, 1 SCHE,?E

/&0ect An act to provide every citi,eni. access to info under control of public authorities consistent with public interest

ii. to promote opennesstransparency and accountability in administration

iii. in relation to matters connected therewith or incidental thereto4reedom of information sec 1(c; *means right to obtain info from any public authority by means ofi. nspection taking of e/tracts or notes

ii. Certififed copies of any records of such public authority

iii. Diskettes floppies or any other electronic mode or through printouts wheresuch info is stored in comp or other devicenformation sec1(d*means in any material form relating to admin operations or decision of public authority#ecords sec1(h* includes

i. "y doc manuscript and file

ii. Any microfiche and facsimile copy of doc

iii. Any reproduction of images #image embodied in such microfilmiv. Any other material produced by a computer or by any other device

-ec% all citi5en ha6e freedom of speech su&0ect to this pro6ision

-ec7%/&ligation /4 ,u&lic *uthorities

&. 8aintainall its records in such manner and form as is consistent with operational requirement duly cataloged and inde/ed4. ,u&lishat such intervals following as may be prescribed by appropriate authority .

a. Org fn and duties

b. Officer and employees power and procedure followed by them in decision making process.

c. 3orms set by public authority in discharge of its functiond. ?ulesregulation instructions manuals 5other categories of rec used by employees for discharging its fn

e. Details #facilities available to citi,en for obtaining info

f. 3ame designation and other particular of the public info officer

2. #ela6ant facts*publish imp decisions and policies that affect the public *while announcing such decision and policies'. #eason for decision*admin #quasi 0udicial to those affected by such decision

%. ,u&lish pro0ect 9communicate generally*to public or person to be affected before initiating such

-ec %Exemption form disclosure of nformation

&. nfo which affect soverignity and integrity scientific or economic interest conduct of international interest .

4. nfo which affect the public safety and order detection and investigation of an offence incitement to commit an offence

fairtrial or ad0udication of pending case.2. nfo which affect conduct of centre *state govt or any of their authorities #agencies.

'. Cabinet papers inc .rec of deliberation of council of minister secretariat and ors officer

%. >inutes #records of advice *i.e legal advice opinion or recommendation during decision making process b policy formation.

B. +rade or commercial secrets protected by law or information(. "reach of privileges of parliament #state legislature #contravention of order of court

;on appln of act to certain organi5ation list of such organi5ation gi6en in schedule of the act .(1< in total

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Se& 10- Pri%ie'es A%aia/e To Ma'istrate And Poi&e +7&ers #e'ardin' Inormation As To Comm*ni&ation +

+6en&e

Se& 10: No ma'istrate poi&e o7&er re%en*e o7&er sha /e &ompeed to sa! hen&e he 'ot an! inormation as to the&ommission o an! o6en&e 2 re%(o6-a'ainst p*/i& re%en*e(

Pri%ie'e 'i%en to 3 a*thorities refuse to disclose the source of information but not to the document

Saet! to inormant .+his section is intended to give safety to the informant particularly to the information.+hus the privilege is

more particularly to the informant than magistrate #police officer #revenue officer .

#eason - 7ives info about crl or revenue offences.

- 6elp in protecting the revenue of the stateH help police in detecting and arrest the accussed. - !uch informant threatened by wrong doer eg. !everal nstances where na/als killed the police informant.

- ear of people to approach police station # court *rude behaviour e/penses delayaed caseslong standing . %!peedy decision immediate reaction public safety

,olice officer dont disclose the informant but disclose arrestee and grounds of arrest

nformant

-Dont come pol statn #court .

-3eed not be eye witness but by-stander #

passing thr that way have seen theconsequences of offences

=itness

Come pol statn #court *give evidence

Complainant

-$hen informant becomes complainant he

becomes witness

-3o rule that in every occasion informantbecomes complainant

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------!ec &4B&4(&4)&4@-protection of client

Se& 10;-Pri%ie'es A%aia/e In Proessiona Comm*ni&ation

Se& 10;: No /arrister 2attorne! 2peader or %ai sha at an! time /e permitted *ness ith his &ient &onsent1( To dis&ose an! &omm*ni&ation made to him in &o*rse and or the p*rpose o his empo!ment as s*&h /arrister

2peader 2attorne! or %ai 2/! or on /eha o the &ient Lor0( To state the &ontents &onditions o an! do&*ment ith hi&h he /e&ame a&B*ainted in the &o*rse and p*rpose o

his proessiona empo!ment( Lor3( To dis&ose an! ad%i&e 'i%en /! him to his &ient in the &o*rse and or p*rpose o s*&h empo!ment


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No prote&tion rom dis&os*re o ooin'-communication made in furtherance of ie'a p*rpose-Any fact observed by B.P.A.V in course of employment as such ,showing &rime or ra*dhas been committed since commencement of hisemployment It is immaterial whether such attention to B.P.A.V was was not directed to such fact by or on behalf of his clientImp!obligation under this continues even after the employment has ceased .

Diff classes of legal practitioners before Advocates Act &@B&.3ow only one i.e. Advocates

+his is for the protection of the client and not legal practitioners

Exception*disclosure of information by advocates only when e/press consent or permission given by the client

- f more than one client for a case disclosure with consent of all of them .

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Se& 10=-E5tend Pre%ie'es To The Interpreters Et&

Se& 10=: It is a pro%iso and e5tension to se& 10; (This se&tion is e5tended to interpreters and &ers o ad%o&ates

t is impossible to conduct the legal business without professional assistance such assistance should be effectual provide for full and

unreserved intercourse between client and advocates.)hing o&ser6ed*3ot only thecommunication made by client to advocate but also the things observed by the advocate.$etters*under these 4 secs letter written by client to advocate #vice versa protected .;otice*issued under course an purpose of his employment and therefore protected*d6ice%under these 4 secs protection e/tended even to advice given by advocate to the client.Consent*no disclosure of info unless client consent for the same

E6idence of an ad6ocate- advocate engaged by the client shall not be compelled to give evidence on behalf of the opposite party.

,ri6illege only to legal ad6isor(ad6ocate; * incourse and purpose of employment .obligation continues even after ceasation of employment.Communication tointerpreter 9clerk*Acc to sec &4( such interpreter #clerk under advocate not at liberty to disclose information when a

communication is made to them .----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Se& 108- Pri%ie'e Not Wai%ed $! "o*nteerin' E%iden&e

8ven though the client voluntarily deposes before the court about the confidential matters .t does not mean that client havewaived his privilege .8ven then the advocate is not entitled to adduce his evidence and state the court about the confidential communication

given by the client .IIII

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Se& 109- Pri%ie'e To The Con>dentia Comm*ni&ation With ?e'a Ad%isers

3o one shall be compelled to disclose to the court any confidential communication taken place between him and his legal professional advisere/ception i.e.where the client offers himself as witness in which case he may be compelled to disclose any such communication as may appear

to the court necessary to be known in order to e/plain any evidence which he has given

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------Se& 13- Prod*&tion + Tite ,eeds + Witness Not A Part!

Se& 13-No itness ho is not a part! to a s*itO Sha /e &ompeed to prod*&ei( his tite deeds to an! propert! Lorii( an! do&*ment in %irt*e o hi&h he hods an! propert! as ped'e mort'a'ee Loriii( an! do&*ment the prod*&tion o hi&h mi'ht tend to &riminate him

- ness he has a'reed in ritin' to prod*&e them ith the person seein' the prod*&tion o s*&h deeds or some personthro*'h hom he &aims(

f one of the party tosuit ask witness of opp party to produce his title deeds its unnecessary cause annoyance and humiliation to

witness and there by lead the witness to be party to the suit without any issue .t cause time of court tobe wasted. +hus privilege given to witness title deed is. +o the documents

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Se& 131- Prod*&tion + ,o&*ments +r Ee&troni& #e&ords Whi&h Another Person Ha%in' Possession Co*d #e*se

To Prod*&e

4oundation of sec 11*DELEGATUS NON POTEST DELEGARE:A delegate cannot delegate;

Se& 131-No oneL3#,PA#T sha /e &ompeed to prod*&e the do&*mentsLor ee&troni& re&ord in his possession 2*nder his&ontro 2hi&h an! other person o*d /e entited to re*se to prod*&e i the! ere in his possession-*ness the ast mentioned person &onsents to their prod*&tion

Prahaad an'adhar )oshi "s(Mst (Saha/ai Wo Prahaad )oshi

3o employee of a company can produce document of a company without the consent of company even if order is passed by the court to

employee to produce company document .8ven under sec @' of Cr.


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E5&ept .a prose&*tion or 'i%in' ase e%iden&e or s*&h anser(

*estion rea%ant 2 matter in iss*e .must answer if refuses he will be criminated under this section

i%es ase e%iden&e- punished according to penal provision .-3o protection even if give non compulsion of court,eamator! to part! 2ad%o&ate or &o*rt .prose&*ted *nder se& IPC or *nder the pro%ision o &ontempt o &o*rt A&t 19=1(

I irree%ant need not anser

Anser 'i%en .on compulsion by court

Arti&e 0L3-protection to accused. No person a&&*sed o an! o6en&e sha /e &ompeed to /e a itness a'ainst himse..+his

e/tends to criminal proceedings only and also does not e/tend to any witness.i.e. only to the accussed.

Compelled to give *f the question are allowed by the even on the account of ob0ection raised by advocate then it is a relavant question

and he is bound to answer.Compulsion in this case is compulsion by the court and not compulsion by law.

State L,ehi Admin "s()a'Dit Sin'h -appro%er

$itness as an approver in the said case *full protection is afforded to him under the section &24 of the act ."ut $.?.+ other cases if he is

involved the evidence given by him as approver will be used against him .

S(#a'h/ir Sin'h i "s(*r*&haran Sin'h Tohra


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,rinciple that sec 12 should &e read with sec 117

ACC+MP?ICE NW+#TH +@ C#E,IT N?ESS HE IS C+##+$+#ATE, IN MATE#IA? PA#TIC?A#S

-EC 1 e/presses that an accomplice shallbe a competent witnesswithout corro&oration=ord : shall* direction which signifies the act must be done .=orthy : take e6idence without corro&oration of material

particular

-ec 117court maypresume the evidence of accomplice is unworthyunless is corro&orated inmaterial particulars=ord : may*which may or may not be done depending upon

circumstances .>nworthy: take e6idence with corro&oration of material

particular

.1( #ampa Pitha #ahidas "s(State + Maharastra

Case where 4 person accused for murder .A gave gave confessional statement few days after occurrence of crime ."ut after 2 year he gave

more details of occurrence than his confession statement .+he other " challenged the evidence.!C held that evidence is not reliable and it is

planted witness and his testimony is not worthy of credence.n such case it is unnecessary to look for corroboration of his testimony.* matter of practice and prudencethe testimony of an approver may be accepted in evidence for recording conviction of an accused

person provided it receives corroboration from direct or circumstantial evidence in material particular#old played &y appro6er n determining the creditworthiness of the testimony of the approver and nature and e/tent of corroboration the

court must consider the question as how the approver become arrested and how he participated in crime the role played and circumstanceswhich led him to become an approver .

+hough sec&22 provides that accomplice accepted without corroboration the illustration :b; to sec &&' provides warning #caution to the court

that accomplice does not generally deserve to be relied upon

0( S*resh Chandra $ahri "s(State o $ihar

Conviction can be based upon the testimony of accomplice under sec &22 but as rule of prudence reliance shall be placed upon illustration :b;

to sec &&' as rule of caution .

3( M(+( Shams*dhin "s(State + Feraa

?ule of corroboration under sec &22 and illustration :b; of sec &&' and held that conviction based on uncorroborated testimony of accomplice

is not illegal .howevr the court presume that accomplice unworthy of credit unless he is corroborated in material particulars(

eg.person offering bribe to public officerse6eral grades of accomplices*in case of trap bribe giver the court has to consider the degree of complicity and look for corroboration if

necessary .+he e/t and nature of corroboration needed in a case may vary having regard to facts and circumstances of case as accomplice in this

case is victim of threat or coercion to which he was sub0ect to .,articeps criminis* such evidences of accomplices who are 0ust interested witnesses are not accomplices in that sense .+heir evidence must

be testedin the same way as other evidence and corroboration in such case can be in general way and not based on material particularas in case

of an approver .+he decision whether corroboration is necessary in such case is upto the discretion of the court

4( Shanar "s State o T(N/ held that the word accomplice is not de0ned any where in the sec it is generally under stood as a guilty associate or partner in crime.an

accomplice by becoming an approver becomes a prosecution witness .a approver has to satisfy a dou&le test (relia&le and sufficiently

corro&orated.sc laid the following principle.i. evidence should be relia&le

ii. evidence should be sufficiently corro&oratedin material particulars .f there are several accused corroboration is essential against

each accused.

iii. Corroborative evidence must be an independent testimony:should not come from another accomplice; connecting the accused withthe crime .t may be direct or circumstantial .

iv. !ufficiency of corroboration depends upon thefacts and circumstances of each case.

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Se&130: N*m/er + Witnesses

1understood with sec $2 and 3% of evidence act-oral evidence 4

Se&130: No parti&*ar n*m/er o itnesses sha /e reB*ired or the proo o an! a&t (

1( #aDa "s(State

Court has to see the quality of evidence and not quantity of evidence .8ven if it is a solitary statement of witness if the court comes to aconclusion said statement is true and correct version of the case of the prosecution(

0( Maradi ishore Parmanand "s(State + *Darat .SC hed ora testimon! &an /e &assi>ed into three &ate'ories

i. Who! reia/e-No difficulty for court to come to a conclusion .t above approach #suspicion

ii. Who! *n reia/e-3o difficulty for court to come to a conclusion .t above approach #suspicion

iii. Neither Who! reia/e nor Who! *n reia/e- Court in such case has to look out for corroboration in material particular byreliable testimony direct or circumstantial .

3( A/d*a *nhi "s State o Feraa

t is not necessary that all the persons present at the scene of occurrence should be necessary .t is also not necessary that all person

present at the scene of occurrence should be e/amined.

4( State +@ (P "s (Ani Sin'h

!c held that public are not generally ready to come forward to depose before the court .+herefore it is not correct to re0act theprosecution version only on the ground that all witnesses to the occurrence have not been e/amined.3or is it proper to re0ect the case for want

of corroboration by independent witnesses if the case made out is otherwise true and acceptable.

( MaBsoodan "s(State o (P

+he number of witnesses e/amined or quatity of evidence adduced by the prosecution is not material .ailure to e/amine all witnesses named in

the ? or any of the neighbours would not make testimony of the best and natural witness unreliable .

;( Maiat Sin'h "s State o P*nDa/

Corroboration is not rule of law but one of caution as an assurance .+he occasion for the presence at the time of occurrence opportunity towitness the crime the normal conduct of witness after the incident the nearness of the witness to the victim his predisposition towards

accused are some of the circumstances to be kept in view to weigh and accept the ocular evidence of a witness therefore its not quantum of

evidence but quality and credibility of witness that lend to the assurance to the court for acceptance.


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=( State o Maharastra "s(S*resh Ni%s*tti $ha*nare

+he time honoured rule of appreciating evidence is that it has to be weighed and not counted.

EQAMINATI+N +@ WITNESS

SEC 13T+ 1;; .P#+CE,#E @+# EQAMINATI+N +@ WITNESSSe& 13 - +rder + Prod*&tion And E5amination + Witnesses

Se&13; - )*d'e To ,e&ide As To Admissi/iit! + E%iden&e

Se&13= - ,e>nition E5amination .In .Chie 2Cross E5amination 2 #e-E5amination

Se& 138 - +rder + E5amination -

Se& 139 - E5pains Cross E5amination + Person Caed To Prod*&e ,o&*ment

Se& 14 - Witness To Chara&ter

Se& 141 - ?eadin' *estions

Se& 140 - When The! M*st Not $e Ased

Se& 143 - When The! M*st $e Ased

Se& 144 - E%iden&e As To Matters In Writin'Se& 14 -Cross E5amination As To Pre%io*s Statements In Writin'

Se& 14; - *estions ?a* In&ross E5amination

Se& 14= - When Witness To $e Compeed To Anser

Se& 148 - Co*rt To ,e&ide When *estion Sha $e Ased And When Witness Compeed To Anser

Se& 149 - *estions Not To $e Ased Witho*t #easona/e ro*nds

Se& 1 - Pro&ed*re + Co*rt In Case + *estions $ein' Ased Witho*t #easona/e ro*nds

Se& 11 - Inde&ent And S&andao*s *estions

Se& 10 - *estions Intended To Ins*t +r Anno!

Se& 13 - e5&*sion + E%iden&e To Contradi&t Ansers To *estions Testin' "era&it!

Se& 14 - *estion $! Parties To His +n Witness

Se& 1 - Impea&hin' Credit + Witness

Se& 1; - *estions Tendin' To Corro/orate E%iden&e + #ee%ant @a&ts Admissi/e

Se& 1= - @ormer Statement S + Witness Ma! $e Pro%ed To Corro/orate ?ater Testimon! As To Same @a&t

Se& 18 - What Matters Ma! $e Pro%ed In&onne&tion With Pro%ed Statement #ee%ant nder Se&tion 30 33

Se& 19 - #ereshin' Memor!

Se& 1; - Testimon! To @a&ts Stated In ,o&*ment Mentioned In Se& 19

Se& 1;1 - #i'ht + Ad%erse Part! As To Writin' sed To #eresh Memor!

Se&1;0 - Prod*&tion + ,o&*ments

Se& 1;3 - i%in' As E%iden&e + ,o&*ment Caed @or And Prod*&ed +n Noti&e

Se&1;4 - sin' As E%iden&e + ,o&*ment Prod*&tion + Whi&h Was #e*sed +n Noti&e

Se&1; - )*d'es Poer To P*t *estions +r +rder Prod*&tion

Se&1;; - Poer + )*r! +r Assessors To P*t *estions

Se& 1;= - No Ne Tria @or Improper Admission +r #eDe&tion + E%iden&e

------------------------------------------------------------------------------------------------------------------------------------------------Se& 13 - +rder + Prod*&tion And E5amination + Witnesses

Se& 13: The Brder in hi&h the itnesses are prod*&ed and e5amine sha /e 2i( #e'*ated /! the a and pra&ti&e or the time /ein' reatin' to &i%i and &rimina pro&ed*reii( And in a/sen&e o an! s*&h a 2/! dis&retion o &o*rt

enera Pra&ti&e:

n crl court evidence is taken in order in which it is produced by the prosecutor and seldom court interferes with this order .

3one of the sections#rules in evidence act C


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+o solve it is prefereable toe/empt the party from order of e/clusion 9require him to take the first stand of the witnesses on his side

v. +*tram "s(+*tram+hat parties though competent witnesses may be e/cluded from the court like any other witness .

vi. )arat F*mari ,assi "s($issess*r ,*tt: 1nder the act the witness production and e/amination have to be done in acc.with the law

and practice for the timebeing related to civil and criminal procedure.3 absence of any such law to the discretion of the court.vii. 4 set of evidences-medical and eye witnesses-&ste/amine medical and then eyewitness

viii. 7838?AL- &!+e/amine party if he himself is witness or e/amine other witness by sending out the prty witness

i/. +he order of production and e/amination of witness does not apply to dept enquiry

SEC13;-)*d'e To ,e&ide As To Admissi/iit! + E%iden&e

SEC13;: When either part! proposes to 'i%e e%iden&e o an! a&t)*d'e .ma! as the part! .to 'i%e e%iden&e in hat manner the ae'ed a&t 2o*d /e ree%ant

)*d'e .sha admit the e%iden&e .I he thins that the a&t i pro%ed o*d /e rea%ant and not otherise (

I the a&t proposed to /e pro%ed is one o hi&h hose e%iden&e is admissi/e *pon the proo o some other a&t thens*&h other a&t to /e >rst pro%ed /eore e%iden&e to /e 'i%en o the >rst mentioned a&t .*ness the part! *ndertaes to 'i%eproo o s*&h a&t and &o*rt is satis>ed ith s*&h *ndertain'

I the ree%an&! o one ae'ed a&t depends *pon the another ae'ed a&t /ein' >rst pro%ed 2the D*d'e ma! in hisdis&retion either permit --e%iden&e o the >rst a&t to /e 'i%en /eore se&ond a&t is pro%ed Lor-reB*ire e%iden&e to /e 'i%en o the se&ond a&t /eore e%iden&e o >rst a&t 'i%en(I*stration

5. prove a statement to be relevant fact given by person alleged to be dead 1statement relevant under sec=>4 .5stprove the fact thatperson is dead >ndgive evidence of the statementtoprove the statement

>. &o prove by a copy the contents of the document to be lost .5&Prove that original doc is lost > nd.prove the statement then byproducing copy of document.

=. Acussed received )nowingly it9s a stolen property ,it is proposed to prove that he denied the possession of the property .-7elevancyof the denial depends upon the identity of the property ? court9s discretion either identify property b6 deniel of possession to beproved 1or4 permit deniel of possession to be proved b6 identify the property

6. A,B,/,@ acts in issue .to prove fact A is cause and e8ect of fact in issue .5&

prove A before B,/,@,is proved 7e'uire proof of B,/,@before permitting proof of A

Coe&tor + orap*r "s(Pa ,hari Sin'hAllahabad ned to the a&tsto hi&h the itness testi>ed on his e5amination .in-&hie (

,ire&tion o #e-e5amination .The ree5amination sha /e dire&ted to the e5panation o matters reerred to in &ross-e5amination and i ne matter is 2 /! the permission o the &o*rt 2 introd*&ed in re-e5amination 2 the ad%erse part! ma! &rosse5amine *pon that matter

1ststep : e5amination .in .&hie- +he e/amination of witness by party who calls him se& 138 &a*se L1

6elps to prove the facts which bear upon the issue in fav of party calling witness .

$itness can give only evidence of fact and no evidence of law

0ndstep :&ross-e5amination - +he e/amination of a witness by the adverse party shall be called.- se& 138 &a*se L1

+o discover truth and e/pose falsehood.

6ighestattainment of advocates art.Obtain from such witness admission fav to his cause

f a party refuses to cross e/amine the witness *then he loses his right and cant ask for it in subsequent stage.court presumes that partyis accepting the truth of statement.

6ostile witness:sec &%';-A party can cross *e/amine his own witness if that witness becomes hostile or if there is lacunae or defect is

required to be rectified in the evidence of his own evidence .urther after the opposite party conducts cross e/amination if any new

facts is revealed then party can re-e/amine his own witness to bring out the real facts.3rdstep :#e-e5amination- +he e/amination of witness subsequent to the cross e/amination by party who calls him with the permission of

court H it shall be the e/planation of matter referred to in cross e/amination- se& 138 &a*se L1

+o fill any lacunae or e/plain any inconsistencies which were discovered in cross e/amination ree/amination is a opportunity

t is done with the permission of the court

3ew matters can also be introduced with the permission of the court Hthis gives opportunity or right to adverse party to cross e/amine

the witness again

f the cross e/amination is refused #ineffective then there is no need for re -e/amination

Leading question cannot be put in re-e/amination.

4thstep :@*rther &ross e5aminationf any new matter is introduced in re-e/amination the adverse party with the permission of the courtfurther cross e/aminese& 138 &a*se L3

+he e/amination and cross *e/amination must relate to relavant facts but cross-e/amination need not beconfined to the facts to which the

witness testified on his e/amination *in-chief. / 138 &a*se L0

"a*e o &ross e5amination

+he cross e/amination is the key and important stage in the 0udicial proceedings .+he very purpose of cross e/amination is to

discredit the evidence of witness and not the witness .+he cross e/amination if not confined to a limit .t is e/tended to the whole case.

.8very practicing advocate must know the dos and donts of the cross e/amination !ec &2@-&BB provides the important rules of

cross e/amination .+he violation of the rules of cross e/amination may some times lead to the violation of the professional ethics and alsocontempt of the court leading to lose of case 5 client .

!ec &2@-&BB contain the provison regulating the parties and the practitioners what questions may be asked and what questions not to be

asked .f advocate poses irrelevant irritative and embarrassing question he may not only lose the case sometimes he becomes gulty underprofessional ethics anf etiquette .

oden #*es o &ross e5amination .,a%id Pa* $ron1( "cept in di8erent matters never ta)e your e!es-o6 rom itness.&his is channel of communication from mind to mind ,the loss of

which nothing can compensate.C&ruth ,falsehood ,hatred ,anger ,scorn ,despair and all the passionsDall the soul is thereE

0( $e not re'ardess o %oi&e o the itness .it is the best interpreter of mind(Fental reservation of the witness is often manifestedin the tone or accent or emphasis of voice .


11/17

(uestion imposed should be open ended .if closed eneded 'uestions posed their answer would be blunt as Cno or yesEWere !o* at &orner o si5th and &hestn*t street at si5 o &o&

Answer no *witness desirous of concealing fact

was near there- witness frank answer was not at corner at B o clock *common answer

At hat hr ere !o* at the &orner at hat pa&e !o* ere atsi5 o &o&

3( Be mild with mild , shrewed with crafty , con0nding with the honest , merciful to the young , frail or fearful ,rough to rou80an,thunderbold to the laid ,but in all these ne%er /e *nmind* o !o*r on di'nit!.Bring to bear all the powers of your mind , notthat you may shine but that virtue may triumph and your cause may proper .

4( In criminal capital case 2 as on' as !o*r &a*se stand e /*t as e B*estion.never as) any certain 'uestion the answer forwhich destroy your client unless you )now your witness perfectly well and his answers will be favourable e'ually well unless you beprepared with a testimony to deatroy him , if he play a traitor to the truth and your e"pectations

( eB*i%o&a B*estionsto be avoided as it leads to e'uivocal answer .singleness of purpose clearly e"pressed is the best trait ine"amination of witness .lasehood is not detected by cunning but by light of truth ?or if by cunning its by the &*nnin' o theitnessand not of the cunning .

;( If clent is itt! rera&tor!settle that account with him at the 0rst ,or the items will increase with e"amination let him have theopportunity of satisfying himself either that he has mista)en on your power .everr lose temper coG anger is either precursor orevidence of assured defeat in every intellectual conHict .

=( li)e a s)ilful chess player in e%er! mo%e >5 !o*r mind *pon the &om/inations and reations o the 'ame? partial andtemporary success is total and remediless defeat .

8( ever *nder %a*e !o*r ad%ersar!, but steadily stand upon your guard ? a random blow may be +ust as though it was directed bythe most consummate s)ill ?the negligence of one often cures and sometimes rendere8ective blunders of another .

9( Be respectful to the court and to the +ury , )ind to your colleague , civil to your antagonist , but never be sacri0ce the slightestprinciple of duty to an overweening deference towards either .

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Se& 139 E5pains Cross E5amination + Person Caed To Prod*&e ,o&*mentSe& 139 : person ho is s*mmoned to prod*&e a do&*ment does not /e&ome a itness /! mere a&t that he prod*&es it and&ant /e &ross e5amined *ness and *nti he is &aed as itness .

State o $om/a! "s(Fathia*

!C 68LD in this case that a person who is merely summoned to produce a document does not become a witness and cant be cross e/amined

+nar $hiram "s $am*and

A person !ummoned for the production of a document by court .After submission the clerk by mistake he was sworn and opponent advocatebegan cross e/amining after taking permission from the court .6e answered the question .+h advocate who required the document ob0ected

.+he question of law raised b' 6C t was held that person who is merely summoned to produce a document does not become a

witness.however he is sworn and answers to the questions .he is liable to be cross e/amined by the opponent and cross e/amination cannot be

confined to the facts stated .------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Se& 141 ?EA,IN ESTI+NSSe& 140 WHEN THE MST N+T $E ASFE,Se& 143 WHEN THE MST $E ASFE,

Se& 141 : An! B*estion s*''estin' the anser hi&h the person p*ttin' it ishes or e5pe&ts to re&ei%e is &aed eadin'B*estions(

?EA, :A leading question means as it indicates *one which leads the witness up to the denied answer i.e one which is put in such a way as to

suggest to the witness the answer which is e/pected or wanted.@+#M : +here is no particular form which make a question leading #not .

i. +he fact that a question is put so as to require a categorical answer does not make it leadingii. act that a question prefaced by whether or not so as to avoid a categorical nor save it from leading

es no! Juestion which may be answered by yes #no is generally leading

"ut leading question are not limited to 0ust yes # no

RR eadin'! Juestion in form of whether #not that is in the alternative is not leading but when it is proposed in that formif it is so framedas to suggestto the witness the answer desired whichassumesa fact to be proved which is not proved is a leading question .>ore properly

such question may be misleading and are ob0ectionable both as likely to mislead a fair witness.

+/De&t:+he ob0ect of asking a leading question is to make the witness acquaintance and to remove the fear of apprehension from mind of thewitness .t is 0ust like inducing small child with little words.

?eadin' B*estions m*st /e

a. ntroductory

b. 1ndisputedc. Already sufficiently proved

f a question merely suggeats a sub0ect without suggesting an answer or specific thing it is not leading question.

+he answers to leading question are given by yes #no and e/aminer clearly suggests the answer .

Se& 140 : ?eadin' B*estion m*st not 2 i o/De&ted to /! the ad%erse part! /e ased in an e5amination .in-&hie re-e5amination 2 e5&ept ith the permission o the &o*rtThe &o*rt sha permit a eadin' B*estion as to the matters hi&h are introd*&tor! *ndisp*ted hi&h ha%e in its opinion 2/een s*7&ient!

Se& 143 : ?eadin' B*estions ma! /e ased in &ross e5amination (

Imp :

+ra ritten! generally oral but preferable as written on submission of permission of court)*di&ia dis&retion

Hostie itness? witness not declared but evidence taken by leading questioning chief e/amination and after recording evidence by leading

question the party seeks to declare such witness a s hostile witness .n such case the vidence so recorded by leading question in admissible andnot considered by court

Conession!if answer given in such leading question leads to confession such leading question and answers are not accepted as confession.

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Se& 144 E"I,ENCE AS T+ MATTE#S IN W#ITIN

se& 144 : an! itness ma! /e ased *nder e5amination (r(t &ontra&t 2 'rant or other disposition o propert! as to hi&h heis 'i%in' e%iden&e 2

i( as not &ontained in a do&*ment and he sa!s it as 2ii( I he is a/o*t to mae statement (r(t &ontent o the do&*ment 2then in the opinion o the &o*rt it has to /e prod*&ediii( The ad%erse part! ma! o/De&t to s*&h e%iden&e /ein' 'i%en


12/17

i%( nti s*&h do& is prod*&ed or *nti a&ts ha%e /een pro%ed .hi&h entite the part! ho &aed the itness to 'i%ese&ondar! e%iden&e o it

E5p:itness ma! 'i%e ora e%iden&e o the statement made /! other persons a/o*t the &ontents o do&*ments i s*&hstatement are themse%es ree%ant a&ts(

Illustration ! / deposes about A say to @ CB wrote a letter about my theft and I will revenge on himE .&his shows A motive for assault ,this maybe given asevidence though no other evidence give nabout the the letter

Imp

!ec &'' should be read along with sec @& and @4 of the act

Applies to both civil and criminal proceeding

.

E5&eption :+he proviso to this sec gives privilege and protection to prosecutri/ .According to this the adverse party should not ask questionsas to general immoral character of theprose&*tri5

)*di&ia dis&retion: as to the question being permitted .

1( State o Maharastra "s(Madh*ar N(Mardiar

A prostitute raped by the police officer .During cross e/amination the defence counsel poses certain questions which tend to prove that she is aprostitute .t was held no to ask such question

0( *ntaa H*sseniah "s($*setti erraiah

+hough under sec &'B witness can be cross e/amined to shake his character though it may not be a issue in a case .sec &'B 5&%% are not in

conflict with each other .sec &2) &'G&'%&')&%' also provide for impeaching the credit of a witness by cross-e/amination

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Se& 14= When itness to /e &ompeed to anser

Se& 14= sa!s that i an! s*&h B*estion reates to a matter rea%ant to the s*it or pro&eedin's 2 the pro%isions o se& 130 shaapp! thereto

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Se& 148- &o*rt to de&ide hen B*estion sha /e ased and hen itness &ompeed to anser

Se& 148 :I an! s*&h B*estion reates to a matter not ree%ant to the s*it or pro&eedin' 2 e5&ept in so ar as it a6e&ts the &redito the itness /! inD*rin' his &hara&ter 2

i( the &o*rt sha de&ide hether or not the itness sha /e &ompeed to anser itii( and ma! i it thins >t arn the itness that he is not o/i'ed to anser itIn e5er&isin' its dis&retion 2 the &o*rt sha ha%e re'ard to the ooin' &onsiderations(

1( S*&h B*estions are proper . i the! are o s*&h nat*re that the tr*th o the imp*tation &on%e!ed /! themo*d serio*s! a6e&t the opinion o the &o*rt as to the &redi/iit! o the itness on the matter to hi&h hetesti>es(

0( S*&h B*estions are improper- i the imp*tation to hi&h the! &on%e! reates to matters so remote intime 2 oro s*&h a &hara&ter 2 that the the tr*th o the imp*tation o*d not a6e&t 2 or o*d a6e&t in si'ht de'ree2the opinion o the &o*rt as to the &redi/iit! o the itness on the matter to hi&h he testi>es


13/17

3( S*&h B*estions are improper- i there is 'reater disproportion /eteen the importan&e o the imp*tation madea'ainst the itnesses &hara&ter and importan&e o his e%iden&e(

4( The &o*rt ma! i it sees >t dra 2 rom the itnesses re*sa to anser 2 the ineren&e that the anser i 'i%eno*d /e *na%o*ra/e(

n this sec empowers the court *to prohibit #allow a question

f allowa question and witness refuse to answera question the draw an inference

that if answered would be unfavourable to him

+o refuse to draw any inference

Se& 149 B*estions not to /e ased itho*t reasona/e 'ro*nds

Se& 149 : No s*&h B*estion as is reerred to in se&tion 148 o*'ht to /e ased 2 *ness the person asin' it has a reasona/e

'ro*nds or thinin' that the imp*tation hi&h it &on%e! is e o*nded(I*s:

1( "arrister instructed by attorney *imp witness is dakait-reasonable ground to ask whether he is dakait0( A pleader informed by the person in the court that imp witness is dakait-pleader on question to informant get satifactory answer-

reasonable ground to ask whether he is dakait3( At random a witness asked whether he is dakait *no reasonable ground to ask whether he is dakait4( A witness of whom nothing is known being questioned as to his mode of life and means of living on which he gives satisfactory

answer -reasonable ground to ask whether he is dakait----------------------------------------------------------------------------------------------------------------------------------------------------------------------

se& 1 Pro&ed*re o &o*rt in &ase o B*estions /ein' ased itho*t reasona/e 'ro*nds

se& 1 :I the &o*rt is o the opinion that an! s*&h B*estion as ased itho*t reasona/e 'ro*nds2 i ma! 2 i it as ased /!an! /arrister 2 peader 2 %ai or attorne! 2report the &ir&*mstan&es o the &ase to the Hi'h Co*rt or other a*thorit! to hi&hs*&h /arrister 2 peader 2 %ai or attorne!is s*/De&t in e5er&ise o his proession (

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Se& 11 Inde&ent and s&andao*s B*estions G Se& 10 B*estions intended to ins*t or anno!Se& 11 :The &o*rt ma! or/id an! B*estions or inB*iries hi&h it re'ards as inde&ent or s&andao*s 2 atho*'h s*&h B*estionsor inB*iries ma! ha%e some /earin' on the B*estions or inB*iries ma! ha%e some /earin' on the B*estions /eore the &o*rt 2*ness the! reate to the a&ts in iss*e or to matters ne&essar! to /e non in order to determine hether or not the a&ts iniss*e e5isted(

Se& 10: The &o*rt sha or/id an! B*estion hi&h appears to it /e intended to ins*t or anno! 2 or hi&h 2 tho*'h proper initse 2 appears to the &o*rt needess! o6ensi%e in orm (

*estion to /e ased < not

Patient!


14/17

Pandappa Han*mappa Nanamar "s(State o Farnataa

&. 8vidence of hostile witness cross e/amined by own party*admissible in trial not compeletely discarded.

4. such evidence 9 corrobation of other evidence =no legal bar to base a conviction based on this

2. ts for the 0udge to decide * to accept a part of witness testimony along with other evidence :or; discard in toto

Foti ?ashman $hai "s(State + *Darat

!ame as above

S(M*r*'esan "s(S(Pethaper*ma

+he party has to obtain permission of the court and cross e/amine before discrediting the witness testimony by the court.Kust by mere

deposition in opposition if the court declares him hostile it is not proper.

P*/i& prose&*tor 2A(P(Hi'h&o*rt "s(Th*maa )anardhana #ao

Cross e/amination permitted when has e/hibited an element of hostility to party for whom he is deposing

Samir ,as "s(State + Trip*ra .a*hati H(C

$here a witness is not resiled from his statement during investigation cannot be permitted to be cross e/amine and cant be considered as

hostile witness.

State o #aDasthan "s($hera

n confronting the witness with his previous statement if the prosecution fails to perform perform duty then court has to put such questions as

necessary for ascertainment of truth .

State o $ihar "s(Sa* Prasad ada% and another (

During the cross e/amination before the trial court the prosecution sought for permission from +.C.8ven 6.C and !.C declined to interfere.$hen witness ha snot taken chief #when prosecution tell court that during final consideration he is not inclined to evidence of any particulatr

witness .

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Se& 1 Impea&hin' &redit o itness

Se& 1:The &redit o itness impea&hed /! the ad%erse part! or part! ho &as him in the ooin' a!s(1( /! the e%iden&e o person s ho testi! that the! 2 rom their noed'e o the itness 2 /eie%e him to /e *north!

o &redit(0( $! proo that the itness has /een /ri/ed 2 or has a&&epted the o6er o a /ri/e 2 or has re&ei%ed an! other &orr*pt

ind*&ement to 'i%e his e%iden&e3( $! proo o ormer statement in&onsistent ith an! part o his e%iden&e hi&h is ia/e to /e &ontradi&ted(

E5p: A itness de&arin' another itness to /e *north! o &redit ma! not 2 *pon his e5amination-in &hie 'i%e reasons orhis /eie 2 /*t he ma! /e ased his reasons in &ross e5amination and the anser hi&h he 'i%es &annot /e &ontradi&ted 2tho*'h 2 i the! are ase 2 he ma! aterards /e &har'ed ith 'i%in' ase e%iden&e(

Pri&e o 'oods sod -no .dei%ered Gpre%io*s!-not dei%ered .the e%iden&e admissi/e

Indi&tion or m*rder .no-o*nded /! 5 &oK o hi&h he died G pre%io*s-o*nd not /! 5 - the e%iden&e admissi/e

Impea&hHto charge with crime H to accuse H to arraign H to censure H to indict .

Court usually depends upon the evidence of witness to arrive at the truth of falsity of the claim or charge in the litigation .Court may

pay attention on the trustworthiness .n case the witness change his mind and give evidence contrary to the fact .n those circumstances the

parties of the suit should be empowered to give independent testimony as to character of the witness showing that he is unworthy of belief bythe court .+his is called impeaching credit of witness.

: mpeach- by both parties 2 ways by another witness discretion of the court ;

i. Clause ( of sec 1@@ and sec 17@%both contradict credit of witness H&'% by previous written statement H&%% both by oral and written

ii. -ec@@ and sec 1@@*sec %% prohibits the character evidence in reg to sub0ect matter of suit H sec &%% manner of impeaching credit ofwitness.bot are framed with different purpose .therefore sec %% is not e/ception to sec &%%.

? against accussed is permissible under sec &%% to impeach informants credt sb0ect to condition that he must be called as witness before the

court .previous statement of witness under sec &B'Cr.


15/17

I*stration LD and L *nder se& 8 o e%iden&e a&t e5pains &orro/orati%e e%iden&e

:0; Juestion whether A was ravished

act *shortly after the alleged rape *she made complaint relating to the crime H circumstances under which 5terms in which the complaint

made *are relavant

act *$ithout making a complaint she said she has been ravished *is not relevant as conduct under this section though it may be relevant .As dying declaration under sec 24 clause :&;#corroborative evidence under sec &%( .

:k;Juestion whether A was robbed

act * soon after alleged robbery *he made a complaint relating to the offence H circumstances under which 5terms in which the complaint

made *are relavantact *$ithout making a complaint he said he has been robbed is not relevant as conduct under this section though it may be relevant .

As dying declaration under sec 24 clause :&;#corroborative evidence under sec &%(.

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Se& 1; *estions tendin' to &orro/orate e%iden&e o ree%ant a&ts admissi/e

Se& 1; : When a itness hom it is intended to &orro/orate Lrent re&eipt 2/ood stain on &othes i( i%es e%iden&e o an! ree%ant a&tii( He ma! /e B*estioned as to an! other &ir&*mstan&es .hi&h he o/ser%ed at or near to the time or pa&e at hi&h s*&h

ree%ant a&t o&&*rredI &o*rt is o opinion that s*&h &ir&*mstan&es i pro%ed o*d &orro/orate testimon! o the itness as to the ree%ant a&thi&h he testi>es

I*sAn accomplice in robbery gives various incidents unconnected with robbery which occurred on his way to and from the place where itwas committed. ndependence evidence of this kind may be given in order to corroborate his evidence as to the robbery itself.

-------------------Se& 1= @ormer Statements + Witness Ma! $e Pro%ed To Corro/orate ?ater Testimon! As To Same @a&t

Se& 1= :In osrder to &orro/orate the testimon! o a itness 2 an! ormer statement made /! s*&h itness reatin' to thesame a&t

i( or a/o*t the time hen the a&t too pa&e 2ii( or /eore an! a*thorit! e'a! &ompetent to in%esti'ate the a&t 2 ma! /e pro%ed(

&. Statement :something stated which consist of element of communication to another person :oral #written no hearsay ;

& re&oe&tion o the a&ts themse%es 2 i he is s*re that the a&ts ere &orre&t! re&orded in the do&*ment (L/ooeeper .or'ot a/o*t parti&*ar transa&tion 2 nos /oos &orre&t! ept

Lthe itness hen reB*irin' or the do& sho*d ha%e non a&t o do& parti&ipated in preparin' do& sho*d ha%e read itimmediate! reasona/e time ater preparin' or ateast attested it


16/17

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Se& 1;1 #i'ht o ad%erse part! as to ritin' *sed to reresh memor!

Se&1;1:An! ritin' reerred to *nder the pro%isions o the to ast pre&edin' se&tions m*st /e prod*&ed and shon to thead%erse part! i he reB*ires it (s*&h part! ma! i he peases 2 &ross e5amine the itness there *pon(

Lad%erse part! ma! oo *pon it D*st at the time hen the itness reB*ires it

State o Farnataa "s(anappa #edd!

!c held that ob0ection to check records or entries by an investgating officer is not legal and liable to be re0ected .6owever where a doc not

produced in proper time and re0ected by the court under order ) rule 4 cannot be used to refresh memory .

Doc allowed more list

edical certificate

Old doc for refreshing memory

Discovery list

Dying declaration

?egister of medicolegal cases

6oroscope ?

;ot allowed more list

>emeorandam of facts prepared and handed over by witness

to investigating officer under sec &B4 Crpc .

nadmissible statement due to any reasonable ground

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P#+,CTI+N +@ ,+CMENTS

Se&1;0 prod*&tion o do&*mentsSe& 1;3 'i%in' as e%iden&e o do&*ment &aed or and prod*&ed on noti&eSe&1;4 *sin' as e%iden&e o do&*ment prod*&tion o hi&h as re*sed on noti&e

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Se&1;0 prod*&tion o do&*mentsSe&1;0:A itness s*mmoned to prod*&e a do&*ment sha i it is in his possession or poer2 /rin'it to &o*rt

Notithstandin' an! o/De&tion hi&h there ma! /e to its prod*&tion or its admissi/iit!The %aidit! o s*&h o/De&tion sha /e de&ided on /! the &o*rt (

The &o*rt i it sees >t ma! inspe&t the do&*ment 2 *ness it reers to matters o state 2 or tae other e%iden&e to ena/e it to

determine on its admissi/iit!(

Transation o do&*ment -I or s*&h a p*rpose it is ne&essar! to &a*se an! do&*ment to /e transated 2 the &o*rt i it thins >tdire&t the transator to eep the &ontents se&ret 2 *ness the do&*ment is to /e 'i%en in e%iden&e Gand i the interpreterdiso/e!s s*&h dire&tion he sha /e hed to ha%e &ommitted an o6en&e *nder se& 1;; IPC(L1!r >ne /oth(

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Se& 1;3 'i%in' as e%iden&e o do&*ment &aed or and prod*&ed on noti&e

Se& 1;3: When a part! &as or a do&*ment hi&h has 'i%en the other part! noti&e to prod*&e 2and s*&h do&*ment is prod*&ed and inspe&ted /! the part! &ain' or its prod*&tionhe is /o*nd to 'i%e it as e%iden&e i the part! prod*&in' it reB*ires him to do so (

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Se&1;4 *sin' as e%iden&e o do&*ment prod*&tion o hi&h as re*sed on noti&e

Se& 1;4 :hen a part! re*ses to prod*&e a do&*ment hi&h he had noti&e to prod*&e 2 he &annot aterards *se thedo&*ment as e%iden&e itho*t the &onsent o the other part! or the order o the &o*rt

Se& 13


17/17

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Se& 1;= :No ne tria or improper admission or reDe&tion o e%iden&e

Se& 1;= : The improper admission or reDe&tion o e%iden&e sha not /e 'ro*nd o itse or a ne tria or re%ersa o an!de&ision in an! &ase (I it sha appear to the &o*rt /eore hi&h s*&h o/De&tion as raised that 2Independent! o the e%iden&e o/De&ted to and admittedThere as s*7&ient e%iden&e to D*sti! the de&ision+r that i reDe&ted e%iden&e ha%e /een re&ei%ed ( It o*'ht not to ha%e %aried the de&ision (

nder se& 1;= the e5&*sion o e%iden&e which was admissible is not by itself a sufficient ground for reversing the lower courts decision

unless the appellate court comes to a conclusion that the evidence refused 2 i it had /een re&ei%ed o*d ha%e %aried the de&ision (

The mere a&t thatsome e%iden&e hi&h ma! not /e stri&t! admissi/e has /een admitted is no 'ro*nd or settin' asidede&ision o tria &o*rt(

#emand and appea :

$hen a trial court under sec &B( empowered to finalise decision after hearing argument and recording evidence .during or after thedelivery of 0udgement if it pointed out of improper admission and seek court of fresh trial it need not be heeded by the court .+he trial court

may deliver 0udgement according to its 0udicial mind.

f it is brought to the notice of appellate court of improper admission or re0ection of evidence the appellate court may remand thecase again to the trial court or dispose the appeal on the merits of the points involved in the issue.t6us the findings of the court with irrelevant

material # inadmissible material is vitiated and therefore the case should be remanded for hearing .

1( C((?o!d "s(Emperor .opp Part!+he Calcutta 6.C sent the case for retrial and held that the trial ytook a course substantially diff from that contamplated by the law by theadmission of large body of inadmissible evidence and the case would be outside the purview of sec &B(.

4. Madan ?a Chaa "s( The Prin&ipa 2Har&o*rt $*ter Te&hnoo'i&a Instit*te 2 Fanp*r and others.

n trial there were &4 charges .n && charges evidence properly conducted and in & charge improperly conducted .+.C.convicted.+he !essionKudge reversed .+he Allahabad 6.C set aside 0udgement of !8!.C. and upheld conviction .+hat based upon the other finding the +.C. has

convicted and it is not that merely because something e/traneous has been taken into consideration .

3( A/d* #ahim "s(Emperor

evidence act with case law -notes

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