Whether pre summoning evidence in defamation ( 200, 500 ipc) can be given by way of affidavit?

Raj (Querist) 24 September 2014 This query is : Resolved
Sir,
My sister( Complainant) is appearing for defamation case filed under section 200, 500 IPC and judge( JMIC) has directed to apper in persn for Presummoning evidence. Kindly advice whether she can tendered her evidence by way of affidavit?

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P. Venu (Expert) 25 September 2014
It is mandatory under section 200 that the Magistrate shall examine the complainant.

Rajendra K Goyal (Expert) 25 September 2014
Appear in person and give evidence.

Laxmi Kant Joshi (Expert) 25 September 2014
Yes she have to present before the magistrate and magistrate will examine her by asking some relevant questions of the case and asked for evidence .

Dr J C Vashista (Expert) 26 September 2014
She has to be physically present and depose, which cannot be admitted by way of affidavit (as it may be submitted in civil case- even there also the affidavit is required to be tendered personally to the court)

T. Kalaiselvan, Advocate (Expert) 01 October 2014
I agree with the experts that she has to depose before the magistrate on an affidavit to establish her genuineness in her private complaint.

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