Evidence of formal character on affidavit
AI Assist
Summary
Evidence that is formal in character may be given by affidavit and, subject to ordinary exceptions, read in any inquiry, trial or other proceeding under this Code. The court may, if it thinks fit, summon and examine the person about the facts stated in the affidavit. If the prosecution or the accused applies, the court must summon and examine that person.
Example
Priya, a bank manager, files an affidavit stating official account entries she handled and asks that it be used at trial. The court may read that affidavit as evidence, but if the prosecution or the accused asks, the court must summon Priya and examine her about the facts in it.
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 Code.
(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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