Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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P Sadagopan (retired)     13 February 2022

Evidence in court

1) Can a private document which is lost and not presented in the court by the prosecution be proved only by the oral evidence by a prosecution witness who said that he saw the document. No other evidence of receipt of the document was produced in the court. The alleged maker of the document denies it.

2) How to get a copy of the document which was not presented in the court but the accused saw it in the custody of I.O.



Learning

 8 Replies

Kishor Mehta (CEO)     14 February 2022

1)  NO,

2) NEGATIVE

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     14 February 2022

Hello,

You cannot adduce oral evidence about the document which is not filed on record. If document is not on record of court then you cannot get the copy of it and prosecution will also precluded from relying it. 

1 Like

Dr J C Vashista (Advocate)     15 February 2022

No.

However, the question paper lacks facts of the case to form proper opinion and oblige.

1 Like

P. Venu (Advocate)     15 February 2022

You have not posted the material facts.

1 Like

Palak batra   15 February 2022

Dear Querist,

 

A lost private document can’t be orally proved by a witness, especially if the document is not filed on record it becomes even more difficult to get a copy of that particular evidence. 

 

It is important to induce primary or secondary evidence when it comes to the content of a private document. 

 

Regards,

Palak

1 Like

P Sadagopan (retired)     16 February 2022

Thank you ,Sir

Palak batra   16 February 2022

Dear Querist,

  A lost private document can’t be orally proved by a witness, especially if the document is not filed on record it becomes even more difficult to get a copy of that particular evidence.   

It is important to induce primary or secondary evidence when it comes to the content of a private document. Section 65 of the Indian Evidence Act talks about secondary evidence and it's existence, condition, or contents and becomes valid when the document is lost or destroyed.

Order 13 rule 1 of CPC also talks about The parties or their pleaders shall produce, at or before the settlement of issues, all the documentary evidence of every descripttion in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced.

Regards,

Palak


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