Revision in crpc
raju
(Querist) 10 April 2022
This query is : Resolved
Witness was summoned for giving evidence along with records. The witness himself did not appear and deputed his advocate and court accept the same. My query is can revision before district and sessions court filled for resummonning the witness
K Rajasekharan
(Expert) 10 April 2022
It is not possible.
Revision is examination of the correctness, legality or propriety of any proceedings of a lower court by a higher court. The purpose is to rectify any improper exercise of judicial power by the lower court.
Revision keeps the lower court well within the bounds of their authority and makes them work according to well defined principles of law. Revisional jurisdiction is analogous to power of supervision and superintendence.
A write up on revision is there at https://lawwatch.in/all-about-revision-in-criminal-cases/
raju
(Querist) 10 April 2022
Dear experts any appeal as witness summoned was important and essential for questions and he deputed someone else . Can this be challenged by revision or appeal to higher authority.
Dr J C Vashista
(Expert) 17 April 2022
No,
The summoned witness has to depose himself and produce summoned records but can not depute his counsel to depose on his behalf. Court shall not accept the evidence of a counsel. Besides this, deposition of counsel is against professional ethics.
Rule 13 of Chapter II of Part VI of the Bar Council of India Rules under the Advocates Act, 1961 specifically state that:
"An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an advocate if he can retire without jeopardizing his client’s interests."
Section 120 of the Evidence Act, 1872 only deals with who may testify as a witness and does not lay down any restriction or restraint on the advocate to be a witness in the case where he is acting as an advocate. A counsel for a party should not be his witness in the same case without retiring from the case as counsel. It is a sound principle that a person who is appearing as counsel should not give evidence as witness.
