Evidence Act
V.G.Rao Advocate
(Querist) 10 October 2008
This query is : Resolved
Is there any provision or law to cause notice to other party to admit the document executed by him during the course of trial in criminal proceedings, where accused did not choose to enter in to the witness box for confrontation.
Rajesh Kumar
(Expert) 10 October 2008
In a criminal trial, the accused has right to silence.
However, some document executed by him can be proved through witnesses, or registrar office (if registered), or the person having custody of the documents etc. If any such evidence is not countered by the accused, it will go against him.
K.C.Suresh
(Expert) 11 October 2008
Custodian of the document can mark the document in eviecne but not the contents. If there are witnesses to the document, writter, or registered document the contents can be brought out. This depends on each case.
ARVIND JAIN
(Expert) 11 October 2008
PL SEE SECTION 294 CR.P.C.WHICH IS AS UNDER:-
No formal proof of certain documents:-Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document.
(2) The list of documents shall be in such form as be prescribed by the State Government.
(3) Where the genuineness of any document is not disputed, such document may be read in evidence in inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed :
Provided that the Court may, in its discretion, require such signature to be proved.
