Can evidence in 125 case be based only on affidavit?

Can a case under section 125 Cr.P.C. be decided only on the basis of evidence by way of affidavit filed by complainant?

Answers (1)

164 votes
Your evidence should be supported with some documents to corroborate the same. In the absence of documentary proof it will be difficult for the court to provide the relief sought for.

The complainant is required to be cross examined by the defendant with respect to the affidavit. Thereafter the court has to decide the case on the basis of evidence supported by the relevant documents filed by the complainant.

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