Abhinav Bansal
Asked April 07, 2017

Validity of representative of witness

  • 1 Answer

What is the validity of representative of witness and that representative produce photocopy of documents and said that these documents are not prepared in his presence and he knows nothing about it. Trial court considered the statement of such witness. Please refer any case law in defence of this. Thanks.!

Answer 1

Sir, generally the court does accept what is called a legally accepted representative. This person is a person who the court deems fit to give evidence on behalf of the original witness in case he is not able to give testimony because of valid reasons such as insanity or ill health. However, you must analyse if such person can be claimed as a LAR. If not please file an interlocutory application for reconsideration of such a witness under Section 311 of the Cr.Pc.

Agree Comment 0 Agrees over 4 years ago

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