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Report No. 154

71. Introduction of a stage after framing of charge for admission and denial of documents

Even though section 294 lays down that where any document is filed before any court by the prosecution or the accused, the prosecution or the accused, as the case may be the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. Where the genuineness of any document is not disputed, such document may be read in evidence without proof of the signature of the person to whom it purports to be signed.

Further, section 296 also contemplates that evidence of any person whose evidence is of a formal character may be given by affidavit. But generally such provisions are not resorted to either by the prosecution or by the accused during trial. In order to make proper use of such provisions, it needs to be examined as to whether a stage after framing charge may be carved out in which it may be made compulsory to admit or deny any document if any produced by the opposite party, to avoid delay because of proving such document. Similarly, prosecution or the accused should be allowed to make use of section 296 as mentioned above during their evidence.

The Code of Criminal Procedure, 1973 Back

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