G.Nagarajeshwar Rao (Advocate) 01 July 2011

Criminal case filing of chief examination through affidavit.

Dear friends! Can one file his chief examination by way of affidavit in private complaint, before the court, if so, is there any case law permitting the complainant to file affidavit in lieu of chief examination? [I think there is no provison to file chief examination affidavit in criminal cases.. except in sec.138 N.I. Act cases].

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3 Replies

pratik (self working) 01 July 2011

like to know.

(Guest)

Mr. Rao you are right - There is no provision for filing affidavit of evidence in criminal case except to the extent provided in s.295 Cr.P.C. If statute permits it can be done e.g. S.138 of NI ACT. Even in case of DV act affidavit of evidence is not permissable despite the same being a civil trial conducted by criminal court since provisions of CRPC is applicble to the said proceedings.

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SACHIN AGARWAL (ADVOCATE) 05 July 2011

Mr. Rao,

You are right. There is no provision for filing affidavit of evidence in criminal case. However, Section 295 Cr.P.C. provides it upto the extent described under Section 295 Cr.P.C.