Evidence for prosecution
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Summary
On the fixed date the Judge will record all evidence the prosecution produces. Witness testimony may be recorded by audio-video electronic means, and the deposition of any public servant can be taken by audio-video means. The Judge may allow cross-examination to be deferred until other witnesses are examined, or recall a witness for further cross-examination.
Example
Priya files an FIR about a stolen scooter. On the hearing date the prosecution brings two eyewitnesses and the investigating constable; the Judge records the eyewitnesses’ statements and takes the constable’s deposition by audio-video. The Judge permits the first eyewitness’s cross-examination to be deferred until after the second witness and later recalls the first for further cross-examination.
Bare Act
Enacted text(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.
(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.
(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
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