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bonafied (assistant)     19 March 2024

Give evidence on oath u/s 315

I get mixed responses about 315 Cr.P.C some lawyers say u/s 315 only oral evidence is allowed. But few say I can lead material evidence. Could someone clarify (or provide previous judgements) whether I can lead documentary evidence u/s 315 or it can only be done u/s 233 Cr.P.C.



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

Under section 315 cr.p.c 

According to Section 315 of the Criminal Procedure Code, 1973 (CrPC), an accused can be a competent witness for the defence and like any other witness he is entitled to give evidence on oath in order to disprove the case brought against him by the prosecution.

The evidence will be by oral deposition and not by filing an affidavit in writing.

The accused can produce relevant documents he relies upon and get them marked as his side exhibits by giving an advance notice to the Assitant public prosecutor before marking the documents

bonafied (assistant)     19 March 2024

Understood. Thank you for the clarification.

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

You are welcome for your appreciations. 


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