Crimal Evidence in Civil Laws
Querist :
Anonymous
(Querist) 27 February 2010
This query is : Resolved
Whether evidences aduced in Criminal Law can be used in Civil Suits? for example Forensic Report recieved in Criminal case addmisible under section 293 Cr. P.C that certain document is fordged and fabricated.
Whether FSL report can be taken on record by Civil Court on an application moved by the parties under Order 8 Rule 1A CPC for defending his right under Injunction?
Kindly Advice....
Parveen Kr. Aggarwal
(Expert) 28 February 2010
Yes. Evidence, oral or documentary, of all kinds which is relevant for the dispute is admissible. There is no reason for not taking on record FSL report by a Civil Court.
Order 8, Rule 1-A of the Code of Civil Procedure, 1908:
"1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him:- (1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set off or counter claim, he shall enter such document in a list, and shall produce it in court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement.
(2) Where any such document is not in possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.
(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
(4) Nothing in this rule shall apply to documents—
(a) produced for the cross-examination of the plaintiff's witnesses, or
(b) handed over to a witness merely to refresh his memory."
Nothing in Rule 1-A of Order 8 creates any embargo for producing such a document.
Kumar Thadhani
(Expert) 01 March 2010
Yes you very well can make your stand as not even written but oral evidences in possession of the defendant can be produced before the court as said by expert MrParveen.
