Affidavit on oath in criminal trial
Sonia Prabhu
(Querist) 30 April 2014
This query is : Resolved
In my Criminal Trial charges have been framed and the court has issued summons to my brother as a Witness (my brother is a witness and first informant and victim in this case).
Thus he (witness) wants to file an affidavit on oath before going for cross and chief. But the APP says there is no such provision in Criminal Trial.
Can you please guide under which sec can my brother who is a witness and first informant and victim in this case can file the affidavit in order to put more evidences and facts on record. And so that no fabrication of cross examination is done
Devajyoti Barman
(Expert) 30 April 2014
Yes, exceot in 138 NI Act, evidence on affidavit is not allowed in criminal trial.
Devajyoti Barman
(Expert) 30 April 2014
Yes, except in 138 NI Act, evidence on affidavit is not allowed in criminal trial.
Kiran Kumar
(Expert) 30 April 2014
The trial procedure, in summons as well as in warrant cases, has been provided in Cr.P.C...the court cannot circumvent the procedure.
Find out the details in Cr.P.C
Rajeev Kumar
(Expert) 30 April 2014
I agree with learned experts.
Sonia Prabhu
(Querist) 01 May 2014
THANK YOU
I would like to add one more query with latest development :
Just today the trial court has exempted all the 15 accused from giving attendance, appearing before trial court.
My Question :
If the witness agrees to go for cross and he want the accused to be present during the cross can he ask the court to make order for the accused to be present.
Advocate. Arunagiri
(Expert) 01 May 2014
If the accused has to be identified by the witness, the presence of accused is must. In this situation, the court will order the accused to appear.
Devajyoti Barman
(Expert) 01 May 2014
During evidence the accused will have to be present. No separate prayer is required.
ajay sethi
(Expert) 01 May 2014
agree with experts
Sonia Prabhu
(Querist) 01 May 2014
Dear Experts Thanks for your valuable advise.
T. Kalaiselvan, Advocate
(Expert) 03 May 2014
Though to identify the accused during chief examination by the PW1/victim/defacto complainant, the accused are to be present before the court, under certain circumstances the lawyer of the accused will manage it even during their absence, this is in practice. As far as the state prosecuted case, the APP will take care, the so called victim's case ends up with the police station, he can only watch the proceedings thereafter and can depose evidence whenever he is required to do so.
