Cross examination trail criminal 498a, 304b

Obtain certified copy of the statement(s) recorded and report the matter to concerned District Judge.or High Court for necessary direction to the JMIC.

The procedure for recording deposotion is nor prescribed not by CrPC, but by the Rules of Criminal Practice as notified in the respective State. The deposition is in the local language or, in exceptional cases, in English. There always is the constraint of readability when the deposition is recorded by hand. The party or his advocate can apply for certified readable copy. 

Even thankyou for your response. Sir, the deposition certified copy which I have received is in English language hand written but it is not readable. Even my advocate cannot read it. If you compare with doctor, how doctor write in running writting on patient's report same way this judge had written on deposition statement documents. It's written in English handwriting but We are unable to understand the sentences , words. We can read only few words. So that is the reason , please assist if we can approach same court under any provision to provide the same deposition statement with computer or via typewriter typed. Till end of year 2019 court was practising to give via handwritten but now currently from Jan 2020, I have noticed computer typed is available in court and theTrial court practicing from Jan 2020 onwards to provide deposition statement via English typed via computer. Currently post lockdown, so how can I request or pray to court to provide old deposition of 2019 to be typed via Computer. Is there any way or provision or procedures to provide the same deposition copy via English typed?

Your advocate may apply for a readable copy.

Sir my advocate himself applied for certified copy and post that only we received certified copy of deposition statement hand written by judge , which is unable to read nor understand the sentences which is written in English. Anyway even currently the judge has changed/transferred in the court. So now new judge is appointed by state. Few suggested file file an application in court to provide certified Computerized typed for deposition copy. If it admitted then it is fine, if not then move to District court or high court? My CURRENT lawyer said we have to manage with such copy. Thinking what to do ? Please advise If jusfe

Originally posted by : P. Venu
	Your advocate may apply for a readable copy.

Readable Copy could be typed copy as well.

However, this is a general problem where the Judge personally writes down the deposition. In some places this is the system though there is no mandatory requirement. In some places, the deposition is got typed to the dictation of the Judge. In the present age of computer, this procedure needs to be adopted in every court, right from the lowest.

This forum, as I understand, is meant for offering valuable suggestions to real issues, theoretical or realtime and healthy discussion, not for exhibiting anyone's complexities as to superiority for enjoying lustre of reflected images. 

I am not aware of the procedure being followed in UP. However, in courts in Maharashtra the deposition is got  typed down; this was the system in vogue even when no computers were there. The system in Andhra Pradesh is further refined in that the typist does the DTP sitting adjacent to witness (who also sits) that the latter has the opportunity in suggesting correction,if any. These observation is based on by personal experience in having deposed as a witness (in my then capacity as a public functionary) on a number of occassions.

Now as a practising advocate, it is a fact that the system in Kerala is that the judges (in civil, criminal and district levels) record the depositions in their own hand. This system has its limitations, even when the judge is having a good hand writing. This issue is further compounded in that the noted down deposition is  seldom read out out to the witness though it is a mandatory and  he or she needs to affix  signature only after understanding and fully satisfied that the deposition is recorded correctly.

As a general rule, the advocates are reluctant to take corrective steps or seek readable certified copy in the apprehension of displeasing the Bench. 

Looking forward to healthy discussuins that adds value to the subject matter.