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Gurjot Singh   19 May 2021

Marking of exhibit on statement of accused (पूछताछ note)

During prosecution evidence, PW Investigating Officer sought to exhibit पूछताछ  note of accused which he made during investigation on the ground that such document is an important document and can be exhibited. Can he be allowed to mark exhibit on such document ?



 4 Replies

Prakash S Thakkar (B.S.L LL.B)     20 May 2021

As per rule it cannot be exhibited 

T. Kalaiselvan, Advocate (Advocate)     20 May 2021

Admissible evidence is any document, testimony, or tangible evidence used in a court of law. Evidence is typically introduced to a judge or a jury to prove a point or element in a case. Criminal Law: In criminal law, evidence is used to prove a defendant's guilt beyond a reasonable doubt

Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.

Non-compliance of the proper  provision cannot debar the prosecution from examining any witness or producing any document during the course of the trial. On the other hand sub-section 7 of Section 251A which lays down the procedure to be followed by the Court in cases instituted on police report is in very wide terms and the Magistrate is bound to take all such evidence as may be produced in support of the prosecution.

 before the prosecution is allowed to put in additional document it should furnish a copy of the same in advance to the accused so that he may not be prejudiced in his defence. If it is shown that by lie production of additional evidence the rights of the accused are prejudiced in any manner the Magistrate may recall any witness for the purpose of cross- examination and also give him opportunity to meet that additional evidence.

the provisions of Sec. 173(4) Cr. P.C. are directory and that even after the commencement of the trial the prosecution may prove additional documents in the usual way - provided the accused gets a full opportunity to cross-examine the prosecution witnesses in the light of those documents.

after the commencement of the trial, the proper section to be followed would be Sec. 251-A(7) Cr. P.C. by which the Magistrate is required "to proceed to take all such evidence as may be produced in support of the prosecution.

the prosecution should not be denied an opportunity to prove these documents - provided it is ensured that no prejudice is caused to the accused and he is given an opportunity to cross-examine the prosecution witnesses in the light of those documents; if necessary the accused may be granted an adjournment for the purpose of facilitating such cross-examination..

Vinay   20 May 2021

Will such statement be not hit by Section 162 of Code of Criminal Procedure ?

Dr J C Vashista (Lawyer)     21 May 2021

Whether such a document formed part of charge-sheet / supplementary charge sheet ? If so, it shall be exhibited, otherwise, the prosecutor has to seek permission of Trial Court.


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