CrPC 297: Section 297 of the Criminal Procedure Code

Authorities before whom affidavits may be sworn

  1. Affidavits to be used before any Court under this Code may be sworn or affirmed before-
    1. any Judge or any Judicial or Executive Magistrate, or
    2. any Commissioner of Oaths appointed by a High Court or Court of Session, or
    3. any notary appointed under the Notaries Act, 1952 (53 of 1952).
  2. Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.
  3. The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

CrPC 296: Section 296 of the Criminal Procedure Code

Evidence of formal character on affidavit

  1. The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.
  2. The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.

CrPC 295: Section 295 of the Criminal Procedure Code

Affidavit in proof of conduct of public servants

When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.

CrPC 294: Section 294 of the Criminal Procedure Code

No formal proof of certain documents

  1. Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document.
  2. The list of documents shall be in such form as may be prescribed by the State Government.
  3. Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed:

    Provided that the Court may, in its discretion, require such signature to be proved.

CrPC 460: Section 460 of the Criminal Procedure Code

Irregularities which vitiate proceedings

If any Magistrate not empowered by law to do any of the following things, namely:

  1. to issue a search-warrant under section 94;
  2. to order, under section 155, the police to investigate an offence;
  3. to hold an inquest under section 176;
  4. to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  5. to take cognizance of an offence under clause (a) or clause (b) of Sub-Section (1) of section 190;
  6. to make over a case under Sub-Section (2) of section 192;
  7. to tender a pardon under section 306;
  8. to recall a case and try it himself under section 410; or
  9. to sell property under section 458 or section 459,
    erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

 

CrPC 293: Section 293 of the Criminal Procedure Code

Reports of certain Government scientific experts

  1. Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.
  2. The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.
  3. Where any such expert is summoned by a Court and he is unable to attend personally, he may unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.
  4. This section applies to the following Government scientific experts, namely:-
    1. any Chemical Examiner or Assistant Chemical Examiner to Government;
    2. the Chief Inspector of Explosives;
    3. the Director of the Finger Print Bureau;
    4. the Director, Haffkeine Institute, Bombay;
    5. the Director 1 [Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State forensic Science Laboratory;
    6. the Serologist to the Government.
    7. any other Government scientific Expert specified by notification by the Central Government for this purpose.

CrPC 292: Section 292 of the Criminal Procedure Code

Evidence of officers of the Mint

  1. Any document purporting to be a report under the hand of any such officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness.
  2. The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of this report:

    Provided that no such officer shall be summoned to produce any records on which the report is based.

  3. Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) no such officer shall,except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be, be permitted-
    1. to give any evidence derived from any unpublished official records on which the report is based; or
    2. to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.

CrPC 459: Section 459 of the Criminal Procedure Code

Power to sell perishable property

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than five hundred rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

CrPC 291A: Section 291A of the Criminal Procedure Code

Identification report of Magistrate

  1. Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness:

    Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872(1 of 1872), apply, such statement shall not be used under this Sub-Section except in accordance with the provisions of those sections.

  2. The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject matter of the said report.

CrPC 458: Section 458 of the Criminal Procedure Code

Procedure when no claimant appears within six months

  1. If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.
  2. An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.