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VENKS (S)     08 May 2010

Verifying Witness Deposition

Hi Everyone,

The Accused (party in person) is cross examining the witness and after cross examination the witness will read the content and sign the document.

Does the Accuse has the right to go through the deposition after he has cross examined the witness?

One of the lawyer had told that under the Evidence Act, party in person can verify the depositions.  I would like to know under what section of the Evidence Act he can do that?

 

Regards,

Legal help



Learning

 2 Replies

Ramesh kumar singh (Advocate)     08 May 2010

Please see section 278 of the code of Criminal procedure 1973.It provides

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

2)If the witness denies the correctness of any part of evidence when the same is read over to him,the magistrate or the 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

Clause 3 and section 279 may also be read.

1 Like

VENKS (S)     09 May 2010

Thank you Mr. Ramesh Kumar for your reply


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