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Ayush (Advocate)     29 November 2010

relevancy of suggestion in evidence

Hello learned members

I would like the learned members to explain me the importance or relevancy of the suggestions given while deposing any witness before a court of law. why is the suggestions made and what is the use for the party giving suggestion. Where under Indian Evidence Act does this suggestion fall. If I am not wrong, does it has anything to do with leading question explained in the Act u/s 142.




 3 Replies

Dinesh (Advocate)     01 December 2010

To be honest, it has never made any sense to me because in my experience the suggestions are denied as untrue in the event they are contrary to the case. I belive the same is a way of eliciting comments from the witness in respect of your case which is put to the witness by way of suggestions. I have also not come across any provisions of law which provides for putting of suggestions.

Leading questions, to my mind, would be in a totally different sphere unlike suggestions. But may be some decision somewhere which I am not aware of may have gioven some weightage to such practice of putting suggestions. In criminal matters a statement under 313 serves the purpose of getting the accused to give an explanation to the evidence recorded and allegeations against him. May be something similar on the civil side.

Do enlighten me in the event you get a plausible explanation or decision.

Thanks & regards,

Dinesh Matha

SURESHKUMAR.S (ADVOCATE)     06 December 2010

Friends,

Suggestions in the sense,  creating  the possibilty or probabilty of the witness's case doubtful. Though it may be denied by the witness, by adduce rebutting evidence later during his turn( either accused turn in crl cases and defendant's turn in civil cases) ,  the suggestion may become valid. 

Even, suggestion  may shift the burden, such suggestion questions will be considered as an attempt to discharge the burden on his shoulder In several appeal matters Judicial views are " the counsel for the accused/defendant /plaintiff not even raised any such question by way suggesion and was silent, shall not permitted in the appeal stage to project a new theory.". 

Apart from there are other instances. 

For ex;  a registered letter and acknowledgement  card signed by the addressee.

An office copy of  a letter, a postal receipt, and served  acknowledgement card -are marked as evidence. In which we may put suggestions   as  , 'the office copy of the alleged letter was not sent through the RPAD and the served acknowledgment card" meaning that some other letter or blank paper was sent through the RPAD cover.  

It is rebuttable evidence . Mere suggestion will not serve any valid purpose.  Later , during his turn, if he can able to prove that some other letter was sent through the said RPAD and ack card, the former evidence adduced  is  became 'not proved' .Even in criminal cases, when other supporting evidences available , the contra story of the defence or probable circumstances as well as the doubt will create by way of suggestions. 

 It's my  little knowledge and observation through my practice  .I will take  as fair comment  even criticism questioning my view. 

shrikant chede (law officer)     20 December 2010

I agree with sureshkumar


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