ashok kumar (Social Worker) 04 January 2016

Clerical error in recording statement of witness?

Clerical Error in recording statement of witness?

Section 262 of CrPC provides for correction of Clerical Errors in the Orders. If there is a clerical error during recording of the statement of witness under which section will it be corrected?

What is the procedure to be adopted?

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3 Replies

adv.raghavan (Advocate,9444674980) 04 January 2016

It can be rectified under section 278 (2) crpc.

Section 278 in The Code Of Criminal Procedure, 1973

278. Procedure in regard to such evidence when completed.

(1) As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary.

ashok kumar (Social Worker) 04 January 2016

Thank U Raghavanji
To be more precise let me narate you the facts as they occurred
In a 138 NIA xcase teh accused was being cross examined

The subject of teh cross examination was a lease deed and teh lock in period mentioned in teh lease deed. It was a lenghty Cross examinatiomn spread over 23 pages.. The words "lease deed" and "lock in period " was used at several places

However the clerk/reader of the court has at many places written "lease date" instead of "lease deed" and "working period" instead of "lockin Period".

SEction 278 does not seem to help here as teh witness (the accused ) is not bothered as he has nothingto loose

It is teh complainant who wants to get teh things corrected(It is a clerical error)Pl check if Section 362 of CrPC is of help