LegalCrystal – Blog

AN USEFUL LEGAL TIP FOR ALL:

BE CAREFUL- [BE TRUTHFUL] !YOUR ORAL EVIDENCE  COUNTS TILL THE END!

ORAL EVIDENCE YOU ADDUCE IN A WITNESS BOX AND THE DOCUMENTS YOU PRODUCE IN A COURT OF LAW IS VERY VERY IMPORTANT-  IT PLAYS A VITAL ROLE IN DECIDING YOUR CASE THROUGH OUT.  EVEN IF YOU GO ON AN APPEAL FURTHER, YOUR ORAL EVIDENCE ADDUCED IN THE LOWER COURT HOLDS GOOD TILL THE END.

Dear Readers,

In my opinion many of the cases fail because of bad oral evidence lead by the party and for non production of proper documentary evidence.  So I urge through this medium that parties should be thoroughly sensitized before they enter the witness box in a Court of Law.  Many a time I have observed in the Courts,  people whether they are literate/illiterate, urbanite or a rural folk they adduce evidence so casually without realizing the consequence or the impact that word will have on their case.  They behave so causally!  Only few people will have a focused mind set and such people narrate the facts properly.  We see another set of people who are otherwise worldly wise and in the Lawyers chambers they act very smart and they understand the impact of the points to be adduced but when they stand before a judge in the witness box they instead of revealing the exact truth and fact , I don’t know out of servile attitude or because lack of knowledge of court room and the impact of their behavior and conduct that will have on their case – when a question is put by an advocate or by the court, instead of revealing the truth they say something else.  Such people I feel instead of losing the case, better to give a Power of Attorney to a relative or friend who will have balance of mind and thought and who is capable of adducing proper evidence to support the case properly.

An offense of Giving false evidence or fabricating the evidence intentionally by a witness in the Court Proceedings.

The evil of perjury has assumed alarming propositions in cases depending on oral evidence and in order to deal with the menace effectively it is desirable for the Courts to use the provision of S.344 Criminal Procedure Code more effectively and frequently than it is presently done[2008 AIR SCW 4989(A)]

S.344.Cr.P.C.: Summary procedure for trial for giving false evidence.

(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offense and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.

(2) In every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

(3) Nothing in this section shall affect the power of the court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the First class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

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