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Confronting witness with document

In a criminal trial,

Can a witness in cross examination be confronted with document/photograph?

How? Under what sections & does it need to be exhibited first?


Learning

 2 Replies

Shashi Dhara   31 July 2022

Yes you can through documentary evidence  .

Shubham Bhardwaj (Advocate)     31 July 2022

Dear Mr Kalpesh, 

The witness can be contradicted under  proviso to Section 162 Cr PC read with 145 Indian Evidence Act. There is no need to exhibit the document to cross the witness.

This is the beauty of cross. It is not mandatory for that document to be part of the record to which will be used to cross the witness. But this is only for cross, to contradict the witness with regard to previous statements by him during investigation or trial. The only limitation is Section 153 Evidence Act where no evidence can be given to contradict a witness, the purpose of which is only to shake his credit. But with regard to questions testing the veracity of his statements, there is no restriction or limits. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 


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