Evidence of formal character on affidavit
AI Assist
Summary
Formal-type testimony can be given by affidavit and, except for legitimate exceptions, that affidavit may be read as evidence in any inquiry, trial or other proceeding under this Sanhita. If the prosecution or the accused applies, the court may summon and examine the person who made the affidavit, and must do so on such an application. Affidavits can speed proof but witnesses can still be called for oral examination.
Example
Priya, a shopkeeper, files an affidavit saying she delivered goods to Rohan and attaches invoices. Her affidavit can be read in the trial as evidence, but if the accused asks, the court must summon Priya and examine her about the facts stated in the affidavit.
Bare Act
Enacted text(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Sanhita.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.
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