Evidentary value of documents under rti act, 2005
sakthi
(Querist) 21 July 2015
This query is : Resolved
I am facing a criminal case under Prevention of Corruption Act, 1988. I had obtained certain documents from Government under Right to Information Act, 2005 which contains certain information for my defense. How can I mark them before the court? Whether can I mark the same myself while examination under Section 313 of Cr. PC? Or I have to call the persons from the concerned government departments through court as witness. Please spare your precious time to guide in the matter.
M/s. Y-not legal services
(Expert) 21 July 2015
if you are party to the documents man you can mark it as in person. otherwise if it is third party document mean you can mark it through the competent person/authority only
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
P. Venu
(Expert) 22 July 2015
You can also try to get the documents admitted through prosecution witnesses. Or else, you may summon the PIO as the defence witness.
sakthi
(Querist) 24 July 2015
Thanks for the expert"s advice. I am the Applicant of the RTI documents. However, the author of the documents are the concerned government officials. Whether I can mark those documents as my defense documents?
P. Venu
(Expert) 24 July 2015
Certainly, you can appear as your own witness and mark the documents. However, it is risky as you are liable cross examination. Such a course is advisable only if you fully confident of yourself.
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
The documents obtained through RTI act are valid documents and can be marked as your side exhibits through your own witness deposition while you are stepping into the witness box as defence witness. The author need not be called for disposing the evidence for this purpose.
