Consequence of Refusal to admit/deny documents
Vijay Kumar
(Querist) 18 November 2010
This query is : Resolved
In a criminal case, the Magistrate has called upon the accused u/s 294 Cr.P.C. to admit or deny the documents.
If this order is not complied, what would be the legal consequence? Cr.P.C.is silent about it.
Debasish Hota
(Expert) 19 November 2010
Go through section 294[3] of Cr.P.C. I Shall come back with judgement law.
Vijay Kumar
(Querist) 19 November 2010
Sir, 294(3) does not lay down what to do if the called on party refuses or neglects.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 November 2010
Very good question Mr Vijay kumar , as a rule you must deny all the documents so the burned of proving them will shift on the party who has submitted.
Vijay Kumar
(Querist) 25 November 2010
If the called upon party (accued or complainant)neither admits nordenies, then what is the course of action to be adopted by court?
Arun Kumar Bhagat
(Expert) 27 November 2010
Burden of proof lies upon the prosecution.
Vijay Kumar
(Querist) 27 November 2010
Sir, my querry is "What can the court do to penalise for non-compliance?"
R.Ramachandran
(Expert) 28 November 2010
Dear Mr. Khaleel,
I find it quite strange that you declare the query as "Resolved" while I do not find that so far any solution has emerged.
Parthasarathi Loganathan
(Expert) 28 November 2010
Yes, I entirely agree with Mr.Ramu. One can never deny the fact that these days we find many criptic mono syllabus replies like Yes, NO, Resolved, Agreed, DO, Well advised, etc figure as replies which would hardly serve any purpose to the querist. This replies can be supplemented with reference to legal or logical conclusion. When any querist see 'Yes' alone is the answer and when there are divergent views in the thread, he must never be at a loss to know the 'Yes' refers to which answer. This is the predicament that one faces - not only in this FORUM - but in any arena.I meant no offends here as We are expected to ADD values to the thread than falling in the category of "ALSO RAN" in the race. We need to improve our ability to exchange and share each others expertise in any specific branch of law and to appreciate the yearning in us to raise the bar of standards and quality of the views figuring under the Experts section.
In this era, law awareness of clients is more than that of even the learned lawyers. As a technocrat banker I experience that gone were the days when customers used to listen whatever we advise to market any scheme. Now, they have become the best teachers with regard to any legal aspects of Banking and RBI Regulations. We need to be doubly careful in this regard to save our stake and reputation in the competitive market. This is only my personal and humble opinion.
Vijay Kumar
(Querist) 28 November 2010
Respected Sirs, I am yet to find out the manner in which the court can COMPEL a party to either admit or deny. Is there any coersive method?
