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Can someone else produce evidence on behalf of PW in court
24-Aug-2023 (In Criminal Law)
I am currently marked as PW in court in one case, and the court has sent a summon to provide evidence. Since I am out of the country, I can't attend. What options do I have? Can my family member or friend attend on my behalf and submit the evidence in court? What additional document like Wakalatnama or others can I get executed outside India if I need to appoint my family or friend to appear on my behalf in court? The case is about a Builder Society where the builder has committed cheating and is out on bail on charges of 406, 420, 457, 468, 471. What is PW in court?
Nobody can appear on your behalf because you are PW in court. You can file your written evidence with the court’s permission if the respondent counsel allows. The court has inherent powers to allow written evidence if you provide a valid reason and if the opposing counsel has no objection in this matter.
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Adv. Nipun Chowdhury
Faridabad | 25+ Answers
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As far as your case is concerned, you are a witness in this case. No one can give evidence in court on your behalf in a criminal case. You should ask your advocate/counsel to seek permission for your evidence to be recorded via video conferencing and submit your documents through your advocate.
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Adv. Salim Shahzada Khan
Gurgaon / Gurugram | 25+ Answers
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No one else can represent you as a witness in the court proceedings. The maximum you can do is send your sworn affidavit, duly attested by a notary public or an authorized officer at the Indian High Commission in the foreign country, to be presented in the case by your advocate holding your Vakalatnama/power of attorney. However, your cross-examination will only take place when you are personally present in the Indian court.
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You are marked as PW in court in a personal capacity, meaning you may need to appear before the court in person to provide evidence and possibly face cross-examination. Your relatives or friends are not allowed to give evidence on your behalf since this is a criminal case. Until you return, you may seek exemption from personal appearance and request an adjournment through your lawyer.
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Adv. Vivek Nasa
Gurgaon / Gurugram | 5+ Answers
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