Framing of charge
Sampatraj
(Querist) 14 February 2013
This query is : Resolved
The court can frame charge in absence of original document. In the case of 'Shrichand P. Hinduja vs State Through C.B.I.' the Delhi High Court discharge the accused Hinduja Brothers on the basis of absence of original document on record. Whether court can frame charge on the basis of photocopy document. In our case the original document destroyed by complainant and make complaint on the basis photocopy only. The document alleged as forge is 'Certified Photo Copy' which is attested by notary and the allegation made by complainant for document by which is forge document is prepared are only ordinary photocopy and not attested by any authority. Whether court can frame charge u/s 420, 467, 468, 471, 474, and 120B IPC. Please give the expert advice.
yogesh kumar solanki
(Expert) 15 February 2013
Yes, Court can frame Charge on the basis of photocopy Section 63 evidence act This secondary evidence.
