Memo of evidence

The plain meaning of "a record or memorandum of the evidence given by a witness' is a record or memorandum of the evidence given by a person in the capacity of a witness.

The further qualification that it must have been given in a judicial proceeding or before an officer authorized by law to take such evidence confirms that the person must have been a witness at the moment of giving the evidence, if the recorded evidence was given in a judicial proceeding it must naturally have been given by a person in the capacity of a witness

A memorandum of evidence can be proved not only by the Magistrate recording it but also by the person giving the evidence and if the person giving the evidence proves it the necessity of examining the Magistrate or of relying upon the presumption of Section 80 is obviated.
A memorandum of evidence within the meaning of Section 80 is a memorandum of a statement made as evidence.
According to the query we must take a look at Section 80 of the Indian Evidence Act (IEA) ,1872 which states that -

"Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence given by a witness in a judicial proceeding or before any officer authorised by Law to take such evidence, or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to he signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken."

There are bewildering numbers of "and" and "or", but the section can be split up into two parts, one relating to a record or memorandum of evidence whether given in a judicial proceeding or before an officer authorised by law to take such evidence and the other relating to a statement or confession by a prisioner or accused person. A record or memorandum of evidence or a statement or confession can be presumed to be genuine if it is taken in accordance with law and purports to be signed by a Judge, Magistrate or an officer authorised by law to take such evidence.

Good afternoon,

We can help you better if you could be specific in respect to facts.

CrPC does not have any sections that mention how to file a memorandum of evidence. However, section 80 of the Indian Evidence Act, 1872 talks about the memorandum of evidence. 

"Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence, or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume— that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken."

In simple terms, this means that any record of evidence, or any memorandum of evidence that is submitted by the witness to authorised people who can take the evidence for the purpose of judicial proceedings, taken in accordance to the law, any such evidence or record will be considered genuine. 

You can always consult your lawyer, or any legal expert that you know of, to help you regarding  the filing of the memorandum of evidence. 

Hope this helped!

Regards,

Nandini