LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

B S MURTHY   12 October 2024

Corrections in examination / cross examination

A CLARIFICATION PLEASE

During the course of examination and cross examination certain mistakes are typed by the Magistrate and the same are noticed by the deponent before putting his signature by the deponent. 

Magistrate has refused to correct the mistakes and insisted for signature of the deponent.  This amounts to falsification of records.  He has also refused to provide the copy of the statement to the deponent.

In such situation, what is the recourse to the deponent. Relevant sections?

What is the position if the mistakes are noticed only after obtaining the CA copy? 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 October 2024

S. 540 of the old Code of Criminal Procedure and held:

 

"S. 540 gives unrestricted powers of summoning or recalling any witness if his evidence appears essential to the just decision of the case. It is in the interests of justice that a guilty person should be convicted just as it is in the interests of justice that an innocent person should be acquitted. If the court thinks that in order to give a just finding it is necessary to examine a witness, then it could not be an improper exercise of the powers of the court to summon that witness under S. 540 merely because the evidence supports the case of the prosecution and not that of the accused. The section gives fullest discretion to recall a witness at anystage of a trial and makes it imperative for him to do so, if he considers further evidence essential to the just decision of the case. But the Court must bear in mind that when examining court witnesses the prosecution and the accused must be equally entitled to cross-examine that witness and if the evidence of the court witness is prejudicial to the accused he should be questioned again under S. 342 for giving any explanation and an opportunity to rebut the evidence, if need be. Subject to these twin rules dictated by fair play and justice there can be no other restriction for the exercise of the discretion by the Court."

adv.raghavan (Advocate,9444674980)     13 October 2024

if you are not convinced then approach the high court.

Dr. J C Vashista (Advocate )     13 October 2024

If there are typographical mistakes in examination / cross-examination the witness must refuse to sign his statement in deposition. Magistrate cannot compel to sign, however, if pressurized, the witness may mention the truth before putting his signature. 

P. Venu (Advocate)     13 October 2024

Yes, the Judge or the Magistrate cannot compel the witness to sign the deposition if it is wrongly recorded. The remedy lies in approaching the Higher Courts if the Officer is not willing to make amends.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register