Official documents - testimony as a witness
mohanlal
(Querist) 17 December 2011
This query is : Resolved
About an occurrence occurred about 2 years ago, the reports and documents prepared by the competent authority which reveals commission of a cognizable offence came into notice later on.
If a central govt. employee, competent to prepare such reports/documents, prepares some official documents, which reveals commission of a cognizable offence, in his official capacity and marks to some other officials as official information regarding some occurrence.
My query:-
1. Whether these documents can be treated as testimony of the official, who prepared it, as a witness in court of law.
2. How much important these documents are as apiece of evidence in court of law.
3. Whether an FIR can be lodged based on this report alone if no such record is available in police station diary in the concerned police station.
4. Whether magistrate can direct the police to lodge FIR and investigate the matter against the persons involved if the victim produces these reports before the magistrate. If magistrate does this with the order that ‘very the fact and do the needful’ on such documents, whether this order would be treated as order u/s 156(3) of Cr. P. C. or as a complaint case.
regards!
Shonee Kapoor
(Expert) 18 December 2011
No they are not testimonies as yet.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 19 December 2011
Any document cannot be treated as testimony, in itself, without resorting to any hearing and allowing the concerned party to defend himself in a specifically reported matter. So, my views are as follows:
1) Any document in itself is not a testimony in a specific nature of a case without having been confirmed. The document could also have been prepared under pressure by someone.
2) The document can be a piece of evidence subject to confirmation by the concerned person, who prepared and signed that, unless that is a type of generic order issued by some competent authority.
3) You are free to lodge FIR based on the facts stated in any document.
4) Depends solely upon the discretion of the magistrate upon being convinced about the authenticity of the document.
