S K 31 July 2025

Criminal trial document exhibit during cross examination

Can we exhibit a new document during cross examination of a criminal trial. As I am unable to find any sec. in CRPC/BNSS or any leading judgment in this issue. Whatever available for CIVIL Trial not for CRIMINAL Trial. Even CPC 1908 have specific sec. 0.7 R.14{4}, 0.8 R. 1A{4}, O. 13 R. 1(3) and leading judgment of Supreme Court- Mohmmad Abdul Waheed Vs. Nilofer.

I have to cross exam in cheque bounce matters in next week. I am from accused side. Complainant filed cheque dishouner of Rs. 6 lakh but he have Rashan Card of BPL {BELOW POVERTY LINE} in MP if you want BPL card then your family income must have under Rs. 25,000 yearly. So I am taking defense that how a person have BPL Rashan Card holder can give loan of Rs. 6 lakh.

my question will be like this.

1. Do u hv BPL RASHAN CARD. if he says Yes. then it's proved I have to do nothing further.

But if he denied then I have to show his WCL Rashan Card to him (which I already got through RTI) & contradict him {sec. 145 evidence act} like this. 2. See, you just said that you don't have BPL RASHAN CARD but it's a certified copy( by showing him) and exhibit it.

Please tell me am I correct on this way

1. Can document exhibit during cross exam in criminal trial.

2. if a fact stated by witness wrong in his Cross Examination. Can we immediately show a solid document and contradict him as I want to do. Will it be legal procedure/ will it hit by sec 145 of evidence act.

3. If exhibit how we will mark it.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 July 2025

In a criminal trial, exhibiting a new document during cross-examination is permissible, but it must follow specific procedures.

Here's a breakdown of the relevant rules and considerations:

Exhibiting Documents in Cross-Examination - *Section 145 of the Indian Evidence Act*: This section allows a witness to be cross-examined about a document they have signed or written, and the document can be used to contradict their testimony. -

*Section 294 of the CrPC*: If the document's genuineness is not disputed, it can be read in evidence without formal proof.

Procedure for Exhibiting Documents - *Show the document to the witness*: During cross-examination, show the document to the witness and ask if they recognize it or if it's their signature. -

*Get the witness's response*: If the witness admits the document, it can be exhibited. If they deny it, further proof may be required. -

*Mark the document*: If the document is admitted, it will be marked as an exhibit. The marking of exhibits is usually done by the court, and the document will be assigned a unique exhibit number.

Contradicting a Witness with a Document - *Section 145 of the Evidence Act*: This section allows a witness to be contradicted by their previous statements, including documents.

If a witness makes a statement during cross-examination that contradicts a document, you can use the document to impeach their credibility. -

*Impeaching credibility*: If the witness's statement is contradicted by the document, you can argue that their testimony is unreliable. Applying this to Your Scenario -

*Showing the BPL Ration Card*: If the witness denies having a BPL Ration Card, you can show them the certified copy and ask if they recognize it.

If they still deny it, you can argue that the document contradicts their statement. -

*Exhibiting the document*: If the witness admits the document or it is otherwise proved, it can be exhibited and marked as evidence.

Key Considerations - *Relevance and authenticity*: Ensure the document is relevant to the case and its authenticity is established. -

*Following procedure*: Follow the proper procedure for exhibiting documents, including showing the document to the witness and getting their response.

- *Court's discretion*: The court has discretion to allow or disallow the exhibition of documents during cross-examination.

Be prepared to argue the relevance and admissibility of the document.

In your case, you can exhibit the BPL Ration Card during cross-examination and use it to contradict the witness's statement if they deny having one.

However, ensure you follow the proper procedure and establish the document's relevance and authenticity.

P. Venu (Advocate) 31 July 2025

How is that the complainant in possession of the cheque? What is the accused's reply to the statutory notice?

T. Kalaiselvan, Advocate (Advocate) 01 August 2025

Yes, documents can be marked during the cross-examination of a witness in a criminal case.

This is a common practice to challenge the witness's testimony and potentially introduce contradictory evidence.

The process allows the cross-examining party to confront the witness with documents, potentially shaking their credibility or establishing a different narrative.

Marking a document during cross-examination means formally identifying it as an exhibit for the court record.

While documents can be marked, they must be relevant to the matters at hand and comply with the rules of evidence. The cross-examining party needs to establish the relevance of the document to the witness's testimony or the case in general to ensure its admissibility.

Indian Evidence act Section 145 specifically addresses the use of previous statements (including documents) to contradict a witness, according to legal documents.

In some situations, it's permissible to mark a document during cross-examination without providing an immediate explanation, especially if the document is clearly relevant and the witness is being asked to identify or verify it.

Criminal trial document exhibit during cross examination

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