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Rakesh (Juris Doctor (J.D.) student)     07 October 2008

Witness Dilemma!

The eye witness of crime is eager to reveals the facts. Legal cases as usual take for ever. The witness is aged and not sure to be alive by the time court asks for witnesses. What is the best possible way to document the statement of this witness that the authenticity should not be questioned even if witness dies before called by the court?     


 5 Replies

K.C.Suresh (Advocate)     08 October 2008

I don't think Cr.P.C provides a solution. If it is meterial witness he can give  a 164 but that wont stand for a cross. with cross the evidence is not worthy enough. The present position of the case is not clear. Your querry is general in nature. get it specific on issue and event wise Rakesh.

Rakesh (Juris Doctor (J.D.) student)     08 October 2008

Adv. Suresh, Thanks for replying, I was under impression that this question is too difficult for our legal fraternity. Anyway, Imagine someone's basic/human right has been violated, cheating, burglary, conspiracy against, etc. but no bodily injury thats why I wrote under contitutional section. The witness here is very closely linked to the criminal by family ties and knows all the details.

K.C.Suresh (Advocate)     08 October 2008

Is he  an interested witness, relative, family aid, neighbour, friend, servant what is the deepness of the  close relation ship with the fmly Rakesh.

ca.bhupendrashah (FCADISA)     09 October 2008

nothing is difficult in books , but reality is **********

prof s c pratihar (medical practitioner &legal studies)     10 October 2008

if any magistrate records the statement of a witness us 164 crpc it is not necessary fir the sessions judge  to summon that magistrate to prove the contents if the statement. when a magistrate in discharge of his official function does this -that becomes a public document.and  it does not require any formal proof.SUCH STATEMENT CAN NOT BE TREATED AS SUBSTANTIVE PIECE OF EVIDENCE.such statement can be made use of for the prosecution for the purposeof corroboration,or by the defence for contradiction.,us 145 of Evidence Act.mr suresh wanted to impress you on the point discussed.lot of citations are available. 

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