Legal Question in Criminal Law in India

The Complainant has stated that the accused person has submitted bail petition along with photocopies of some documents, which have been enclosed as Annexure A, B & C. The Complainant wants to state that as the accused person has submitted the bail petition along with enclosures Annexure A, B & C and they want the court to accept those documents as exhibited.

The defense has requested the court that as these documents were the part of bail petition submitted by the accused and has not been exhibited by the complainant, these documents can not be accepted as exhibit.

Further, the complainant has not referred any section of IPC in the request submitted for acceptance of photocopies of these documents to be accepted as documents as exhibited.

So, the defense has stated that the request of complainant to accept these photocopies of documents is not maintainable and the defense has requested the court to reject the request of complainant.

The court has stated that not quoting any section of law in the application can't be the reason the rejection of application. Any verbal / documental evidence can be accepted at the stage of argument as it can be assumed the application has been submitted under section 311 of IPC.

Further, the court has stated that the court needs not to prove which is accepted by defense. As the accused has submitted photocopies of the documents along with the bail-petition and has accepted the same, these documents can be accepted as exhibits under section 58 of Indian Evidence Act. It is also implied that "Facts admitted need not be proved". So, the documents have accepted as exhibit in the case.

So, I need some clarifications as following:

1) Can the court accept any evidence during the course of argument?

2) Can photocopies of the documents as be accepted as exhibit without calling for original?

3) Does acceptance of photocopies of documents require any confirmation from the holder of the documents?

4) If there are few other co-accused in the case, please advise the effect of acceptance these documents will effect on others.


Asked on 8/01/10, 8:36 pm

1 Answer from Attorneys

Fahri Toga TOGA//OKSUZ

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Fahri TOĞA

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Answered on 8/02/10, 12:51 am


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