Using signed letter in section 145 of evidence act
Querist :
Anonymous
(Querist) 15 August 2023
This query is : Resolved
Namaste to all,
I am roped in a criminal case. I am a Govt. Servant. My opposite party has sent complaint letters to PM, CM, governor and my office Administrator. Additionally they have also lodged online complaint in which they have sent the same letter along with FIR, and deposition in court. All papers are signed and it go on to describe the case in very different shade as it was in FIR, 161 and 164.
I want to know if I Can use these complaints to contradict the opponent under sec 145 of Indian Evidence Act.
T. Kalaiselvan, Advocate
(Expert) 15 August 2023
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him."
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.”
Sec. 145 Enables to Contradict Witnesses with his previous statements:
Without the (previous) writing being shown to him.
Without such writing being proved.
When the writing is used to contradict the witness and his attention is called to those parts of it (that are to be used for contradicting), the writing need not be shown to the counsel of the witness (or other side) for his perusal.
The writing need not be one that is admissible in evidence (it can be unstamped, even if it requires stamp; or unregistered, even if it requires registration).
Material ‘omissions’ (in the previous writings) may amount to contradiction.
Querist :
Anonymous
(Querist) 15 August 2023
Thanks Sh. T. Kalaiselvan ji, but do let me know if complaint letters which are signed by opposite party , can they be used under section 145 I E A.
T. Kalaiselvan, Advocate
(Expert) 15 August 2023
If the evidence is exhibited by the witnesses which appears to be in contradiction, then it can be nullified during cross examination.
Querist :
Anonymous
(Querist) 16 August 2023
Thanks a lot T. Kalaiselvan sir, your advice was much needed. Grateful
