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Report No. 33

58. Third point-disclosure in evidence.-

The third point made in the suggestion1 relates to the stage of evidence in respect of offences connected with bribery. It is stated (in the suggestion) that the witnesses (i.e., the public servants who know of the act of corruption) do not tell direct lies, but suppress material facts2. Now, once the case reaches the trial stage, and the necessary questions are put on behalf of the prosecution, the witness is bound to answer all questions to the best of his information and belief (except questions relating to a privileged matter). Deliberate suppression of facts may or may not amount to "making a statement" within section 191, Indian Penal Code read with the first Explanation to that section3. Occasionally, one comes across observations which suggest that it may amount to perjury.

1. Para. 5, supra.

2. Para. 3, supra.

3. Section 191, Indian Penal Code, deals with perjury.



Section 44, Code of Criminal Procedure, 1898 Back




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