Legal Question in Criminal Law in India
modification of sworn affidavits in a criminal court
an affidavit is sworn in a a private complaint in a magistrates court. later found out that there were some clerical errors in it. can it be modified and a new affidavit sworn? if so what is the enabling provision?
3 Answers from Attorneys
Re: modification of sworn affidavits in a criminal court
you can make application for new affidavit
Re: modification of sworn affidavits in a criminal court
yes,it can be modified.Take the permission from court.Consult your lawyer.
Re: modification of sworn affidavits in a criminal court
Question is not clear. Why affidavit was given in private complaint? Whether by way of evidence in 138 NI case?
If it is in 138 NI matter, better recourse would be to file a Purshis about errors and get the same explained by way of re-examination.
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