G.Nagarajeshwar Rao (Advocate) 01 July 2011
pratik (self working) 01 July 2011
like to know.
Mr. Rao you are right - There is no provision for filing affidavit of evidence in criminal case except to the extent provided in s.295 Cr.P.C. If statute permits it can be done e.g. S.138 of NI ACT. Even in case of DV act affidavit of evidence is not permissable despite the same being a civil trial conducted by criminal court since provisions of CRPC is applicble to the said proceedings.
SACHIN AGARWAL (ADVOCATE) 05 July 2011
Mr. Rao,
You are right. There is no provision for filing affidavit of evidence in criminal case. However, Section 295 Cr.P.C. provides it upto the extent described under Section 295 Cr.P.C.