Presummoning evidence( mode of recording)
Raman
(Querist) 31 January 2013
This query is : Resolved
Sir,
If the sole complainant(CW1) wants to record his evidence in general criminal complaint under section 200 of CrPC.In what manner he his statement is recorded?
In NI cases pre summoning evidence by the way of affidavit is permitted, whether such is applicable in general complaints?
Whether ist advisable that he should get the statement format drafted at home so that it will be convenient at the trail court without much deviation? which such draft is allowed in court if statements are lengthy??
Regards
Nadeem Qureshi
(Expert) 01 February 2013
Dear raman
The evidence can be given by way of affidavit or by oral evidence through ststement. in NI act it is specific that presummoning evidence should be by way of affidavit. it is not mandatory to another complaints it may be oral too.
Feel Free to call
V R SHROFF
(Expert) 01 February 2013
Student's Academic Query is out of place here.
R.K Nanda
(Expert) 01 February 2013
academic query.
yogesh
(Expert) 01 February 2013
I think Presummoning evidence cannot be given by the way of Affidavit as there is no provsion under section 200 of CrPC to tender evidence by way of Affidavit
However under NI Act there is always a provision
