Evidence - 498a
Querist :
Anonymous
(Querist) 24 April 2023
This query is : Resolved
A very close relative of ours is a lady in who's 498A case she has to do her evidence in the court of metropolitan magistrate. Please advise.
1. Whether she can do her evidence that is examination in chief by filing an affidavit in writing or she has to do oral evidence only
2. Whether she can file additional documents at the time of evidence and if so what procedure she should adopt.
3. Whether for filing a certificate under section 65B of the evidence act, she needs specific permission of the metropolitan magistrate by way of filing a separate application or she can submit the certificate immediately before the evidence commences.
4. Whether at the time of evidence she can pray the court to call a few persons from the side of the husband who are involved in certain events.
Sudhir Kumar, Advocate
(Expert) 25 April 2023
1. Whether she can do her evidence that is examination in chief by filing an affidavit in writing or she has to do oral evidence only
Ans Bothways. But crossexamination will be physical
2. Whether she can file additional documents at the time of evidence and if so what procedure she should adopt.
Ans : Yes
3. Whether for filing a certificate under section 65B of the evidence act, she needs specific permission of the metropolitan magistrate by way of filing a separate application or she can submit the certificate immediately before the evidence commences.
Section 65 deals with dwecondary evidence whis id defined in section 63 as under :-
Secondary evidence means and includes --
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(1) certified copies given under the provisions hereinafter contained;
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(2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
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(3) copies made from or compared with the original;
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(4) counterparts of documents as against the parties who did not execute them;
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(5) oral accounts of the contents of a document given by some person who has himself seen it.
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Illustrations
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(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.
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(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original.
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(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.
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(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.
4. Whether at the time of evidence she can pray the court to call a few persons from the side of the husband who are involved in certain events.
Ans : All accused have to be present (unless exempted by court) she has a witness has no right to compel attendance by someone who is exempted by court from hearing.
Dr J C Vashista
(Expert) 26 April 2023
Q 1 Whether she can do her evidence that is examination in chief by filing an affidavit in writing or she has to do oral evidence only
Ans: Oral only.
Q 2. Whether she can file additional documents at the time of evidence and if so what procedure she should adopt.
Ans: Whether the case is FIR or complaint before Magistrate case ???
If FIR why it was not submitted to IO ? If complaint case why it was not exhibited in her pre-summoning evidence ? She has to justify and seek permission of the Court.
Q 3. Whether for filing a certificate under section 65B of the evidence act, she needs specific permission of the metropolitan magistrate by way of filing a separate application or she can submit the certificate immediately before the evidence commences.
Ans : Before prosecution evidence.
Q 4. Whether at the time of evidence she can pray the court to call a few persons from the side of the husband who are involved in certain events.
Ans: It depends upon facts / allegation she wants to prove.
The complainant must hire services of a local prudent lawyer to proceed in professional manner, if it is not a moot court topic for debate.
