Evidence act

Querist : Anonymous (Querist) 26 February 2025 This query is : Resolved
(1) certified copy of deposition recorded by sub Divisional Magistrate under section 145 cr p c is not admissible in civil suit .

(2) certified copy of marked exhibited document in 145 Code of Criminal Procedure is not admissible in civil suit

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Evidence from Section 145 CrPC proceedings, such as depositions and exhibited documents, may be admissible in civil suits but is not conclusive proof. The primary aim of Section 145 CrPC is to maintain peace, not to determine property title, meaning this evidence might have limited value. To use these documents in a civil case, you may need court permission to summon the original records from the Sub-Divisional Magistrate's Court, as certified copies are not considered public documents.

T. Kalaiselvan, Advocate (Expert) 26 February 2025
A certified copy of a deposition taken under Section 145 CrPC before a Sub-Divisional Magistrate can be admissible as evidence in a civil suit, but it is not conclusive proof and can be challenged and contradicted by other evidence presented in the civil case; the key point is that the Section 145 proceeding is primarily meant to maintain peace and not to definitively decide title in a property dispute, which is typically the domain of a civil court.

A certified copy of a document exhibited under Section 145 CrPC before a Sub Divisional Magistrate can be admissible as evidence in a civil suit, but its probative value may be limited as the primary purpose of Section 145 proceedings is to maintain peace, not to definitively decide ownership rights, and the evidence recorded under it may not be as comprehensive as in a full-fledged civil trial.

Advocate Bhartesh goyal (Expert) 27 February 2025
Certified copies of depositions and documents under proceedings sec145 Cr.P.C are not public documents hence not admissible in evidence. If these documents are essential for just decision of case then you have to obtain permission from court to call the record from Sub Divisional Magistrates Court.

Dr. J C Vashista (Expert) 28 February 2025
Statement made before SDM is inadmissible in evidence in a civil case untill proved by producing original case records.

P. Venu (Expert) 17 March 2025
The query is short of material facts as well the context. What are the constraints in summoning the originals from the SDM Court?

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