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-RKK- (Advocate)     18 July 2012

Can witness consult its notes during deposition?

(1) Is it allowed to a witness to consult his notes during deposition in a criminal trial?

(2) If there is no lawyer involved, and the accused is conducting his trial of his own, what will be the status?



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 4 Replies

N.K.Assumi (Advocate)     18 July 2012

You are witness for whom? In criminal trial police records the statements of witnesses and charge sheet is filed, and when such witnesses known as peosecution witnesses, is in the witness box,  he can ask the court for refreshing his memory of his earlier statements given to the police, and you can go through those statements deposed earlier before the Police. You have to be clear on whose side you are appearing as a witness, either as prosecution witness or Defense witness? 

v.b.b.sastry (Sr.A.P.P)     18 July 2012

1.Except for the IO who can refer to his diary a witness is prohibited  to see the S.161 statements while he is deposing .He can be briefed outside the court hall.

2. It is a presumption of law that every citizen knew law.Therefore he conduct his trial.

N.K.Assumi (Advocate)     18 July 2012

Sir, what about section 159 of the IEA?

-RKK- (Advocate)     20 July 2012

The issue is that the accused himself is conducting his case. As such there is no lawyer. Hence no one to ask questions in the form of examination. This leaves the accused (appearing as witness u/s 315 in his own case) in a position of disadvantage as he will have to cram everything and ensure that he does not leave out anything. Is there any way out?


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