Testification in writing as witness
Subroto
(Querist) 09 January 2016
This query is : Resolved
Dear experts,
I have been summoned to witness in a 'criminal case u/s 138 of the Electricity Act' where a person has shifted his electricity meter from his property to our property, illegally, in order to prove his ownership & possession over our property in the civil court (the case is pending).
The Sec.138 EA Act criminal case is at PP evidence stage. I just wanted to know can I submit my statement as witness in writing and annex such documents with it which are important ? I want to do this because I fear I might get nervous and forget or miss important points.
If not, can I just read all that statement before the court so that the steno could write it down and give him the concerned documents also ? Is it allowed.
Devajyoti Barman
(Expert) 10 January 2016
In criminal trials of sessions triable cases there is no provision to file affidavit in chief. You have to depose personally.
Rajendra K Goyal
(Expert) 10 January 2016
Agree with the advice from expert Devajyoti Barman.
Subroto
(Querist) 11 January 2016
So, Can I write my statement on a paper first and then read it over in the court so that the steno could write it down ? In other words, can I depose personally by reading my statement already written on a paper just to aid myself ?
Pragnya B Mishra
(Expert) 12 January 2016
You cant write it on a blank paper before the judge and read it out. (Sorry for the missing 't').
Subroto
(Querist) 12 January 2016
Thanks experts. I have already written my statement on a blank paper at home. I just want to read from this pre-written or already written statement (at home) before the judge so that all important points are covered. Is this allowed?
Subroto
(Querist) 12 January 2016
One more thing, sometimes I have seen that Judge is not present on the chair while the witness is testifying or cross-examined and both PP and defense lawyer are present alongwith the reader & steno. Is it premitted?
Pragnya B Mishra
(Expert) 19 January 2016
Both your queries are NOT permissible.
Subroto
(Querist) 21 January 2016
Thanks for your replies. I guess I will have to cram up my statement point by point.
K.S.Srinivas
(Expert) 23 January 2016
I go with the expert Sri Pragnya B Mishra.
