sunil (prop) 12 October 2022

Documents from pw u/s 91 crpc

Dear Panelist,

Issue is - Defence moved a petition u/s 91 CrPC citing (2005) 1 SCC 568; AIR 2005 SC 359 and (2017) AIR SCW 5846, asking for some documents from PW and also from Officer - in - Charge of Police Station where FIR was lodged, for effective cross-examination of witness.

Learned Trial Court (Magistrate Court) has observed that

"Further, this Court could not also understand as to the necessity of the documents relating to the cheques or details of the cheque or bank statement or the letter from Bank and other documents as neither during examination in chief or in the letter of complaint or during the cross-examination the same fact came out and so the defence failed to prove the necessity for call for the said documents."

When can defence ask for documents from police witness? Before, in-between or after closure of cross examination?
IF documents are provided after the closure of cross examination of PW, how it can help defence when PW is not confronted with those documents?
When can defence ask for documents from witness not collected at the time of investigation and or not a part of case diary?

Thanks

Reply Follow

3 Replies

Sourav Das (Advocate Supreme Court of India) 12 October 2022

At any stage but before completion of trial

sunil (prop) 15 October 2022

Respected Shri Sourav,

In light of Learned Trial Court (Magistrate Court) observation:

1. Trial Court has pre-empted to bring ON-Record documents before it could be asked u/s 91 CrPC.

2. When Cross-Examination of PW is underway, Trial Court has observed that:

"neither during examination in chief or in the letter of complaint or during the cross-examination the same fact came out and so the defence failed to prove the necessity for call for the said documents."

If defence has to ask for documents after the completion of Cross, then how it can be used to confront & contradict PW?

Query:

When and How can defence ask for documents from witness not collected at the time of investigation and or not a part of case diary?

With Regards