Evidence Before Charge to be filed in affidavit form
Pushkar Damle
(Querist) 17 June 2011
This query is : Resolved
A complaint has been filed before JMFC U/s 499/500 of IPC and the process was issued to the accused ( Summary Trial) now the complainant is not having Advocate as his dependable Advocate is expired and the matter is at the stage of EBC (Evidence Before Charge) can the complainant file his EBC in Affidavit form or he has any other remedy for that, other than oral submissions for recording the evidence/
If there is any provision within Cr. P.C. please give along Supreme Court Judgments if any to help a victim to get justice
Ravikant Soni
(Expert) 17 June 2011
In summon trial or summary trial proceedings there is no any stage of Pre-Charge Evidence.
Evidence in criminal cases can not be given by way of affidavits.
Kiran Kumar
(Expert) 17 June 2011
advice him to contact Legal Aid Office, if the victim is unable to afford a lawyer due to paucity of funds, however he must fulfill other conditions, to be apprised by legal aid office, to avail legal aid.
PALNITKAR V.V.
(Expert) 17 June 2011
It is not that evidence can not be given on affidavit in criminal trials. Affidavit of evidence is permitted in NI Act. Evidence of formal nature can be on affidavit in criminal trial. So many affidavits were filed in Kasab's trial. Except where law provides for filing affidavit of evidence, one has to lead oral evidence in court. As has been rightly said there can not be evidence before charge in summary or summons trials unless the court directs that the case be tried by Warrant trial procedure ie. regular trial.
