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Report No. 25

Evidence of Officers About Forged Stamps, Currency Notes, etc.

1. Problem for consideration.-

The Law Commission has been invited1 to consider the following problem in connection with section 510 of the Code of Criminal Procedure, 1898. In a number of cases, both civil and criminal, in which the genuineness of a document is assailed, the date of the manufacture of the sheet of paper on which the document is written or the date of the manufacture of stamp used becomes a vital issue. While the officers concerned tender the requisite information after having the documents examined, they cannot disclose details of their line of investigation or the distinctive marks on the paper or stamps issued in a particular year, as that might result in a large scale forgery of commercial documents and counterfeiting of stamps.

But if the officers concerned do not disclose the grounds of their opinion, the value of their evidence is affected. This situation has created a difficult problem, and it was suggested to the Commission that an amendment of section 510 of the Code of Criminal Procedure may be considered so as to make the report of such officers admissible in evidence (without summoning the officers) and in case the court desired a second opinion, to make the report of the higher officer conclusive.

1. A suggestion on the subject was received from the Ministry of Finance, Department of Economic Affairs, which is the administrative Ministry concerned with the India Security Press, including the office of the Controller of Stamps and the Mint.

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