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anisha agarwal   07 February 2017

Can evidence be brought in the court after 10 years?

Can evidence be brought before the criminal court in the middle of the proceedings, if the document is more than 10 years old? Can it be a part of substantive evidence? If not, is there an judgement that states the same?



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 7 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     07 February 2017

I'd suggest you repehrase your question.

The post title creates an impression of evidence being introduced after ten years of ongoing trial  - I guess it can be; even retrial may be ordered in the interest of justice in peculiar circumstances.

The body of your post on the other hand indicates a ten year old document - of course it can be introduced in evidence! I mean its immateral if a document is ten years or a hundred years old as long as it is relevant.

anisha agarwal   08 February 2017

Can the evidence be said as tampered if an evidence has been introduced in the middle of the proceedings, and the documents are more than 10 years old? Also, this evidence was not a part of the charge-sheet.

Isn't it safe to argue that such evidence which is brought during the proceedings of the case, on the prosecution's will after 10 years, that such evidence cannot be relied on due to the ancient nature of the evidence, and hence, such evidence have a chance that it is tampered with?

Sudhir Kumar, Advocate (Advocate)     09 February 2017

give facts of the case instead of framing question paper for LLM exam.

Dr. Atul [9013898936] (Lawyer, Scholar)     10 February 2017

Originally posted by : anisha agarwal
Can the evidence be said as tampered if an evidence has been introduced in the middle of the proceedings, and the documents are more than 10 years old? Also, this evidence was not a part of the charge-sheet.

Isn't it safe to argue that such evidence which is brought during the proceedings of the case, on the prosecution's will after 10 years, that such evidence cannot be relied on due to the ancient nature of the evidence, and hence, such evidence have a chance that it is tampered with?

 

I can see no reason whatever to question authenticity of a document merely because it is ten years old. If anything, Section 90 of the Evidence Act attaches a presumption to the authenticity of signature./handwriting on a 30 years old document produced from a source where such documents are normally considered to remain. Also, there are numerous judicial precedents on the point that mere use of very old stamp papers for executing an agreement cannot, by itself nullify the sanctity of the agreement, even though it might raise some doubt. 

 

On a document not being part of a chargesheet, I'm, not competent to comment on criminal procedure and some other member may assist you.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

your question is not clear to me

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

your question is not clear to me

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

your question is not clear to me


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