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Whether witness can file evidence on affidavit


09-Mar-2023 (In Criminal Law)

Whether witness can file evidence on affidavit . The facts contained therein are some of eye witness and some of hearsay sec 354a

Answers (2)

Answer #1
667 votes
I can answer this question only if the details of the case is given and the stage of trial . The evidence can be given on affidavit but that depends upon case to case and kind of case. Please disclose about the offence and details of the person who is giving evidence on affidavit.
Answer #2
605 votes
In hearing of a criminal case no witness can give evidence on affidavit.

The witness will have to state everything he/she saw directly before the Magistrate. And the opposite lawyer will thereafter cross-examine the witness.

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