(Guest)

Evidence of prosecution regarding.

I have filed a private criminal complaint based on documentary evidences only. The case is now proceeding u/s 242 of CrPC. As I am representing myself, I need help for the procedure from here on. I have been asked to file my evidences and prove the charges, which the court has taken cognizance of, against the accused. I request you to help me with the following:

1. Documentation/format required to file evidences.

2. Documentation/format required to request the court to summon witnesses.

3. Do I have the liberty to examine the accused after I would have examined my witnesses?

Please help.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 24 February 2012

you have to sworn the statement before the court before issuing summons to the accused, it is called as sworn statement. You cannot file an affidavit for sworn statement. You say before the court whatever you have written in your complaint and get mark the documents which you have produced. After your sworn statement court will pass an order and it may issue summons.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 February 2012

Dear Querist,

Normally you would not be able to examine the accused, very rarely you'd get that opportunity when the accused offers himself as a defence witness. Otherwise court is always under a duty to examine him after your evidences in order to make him answer circumstances appearing against him.