Section 294 of the Code of Criminal Procedure (CrPC)

19-07-2024

10:05 AM

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1 min read
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Overview:

Recently, the Supreme Court observed that an accused cannot be said to be a witness against himself if he was called upon to admit or deny the genuineness of the documents produced by the prosecution under Section 294 of the Code of Criminal Procedure (CrPC).

About Section 294 of the Code of Criminal Procedure (CrPC):

  • It pertains to the filing of documents by the prosecution or the accused
  • This section requires that the particulars of every document filed by either party be included in a list, and the opposing party or their pleaders must be given the opportunity to admit or deny the genuineness of each document.
  • It applies to all documents filed by the prosecution or the accused, regardless of their nature and character.
  • It is important to note that the genuineness of the documents is crucial, and without proper proof, reliance cannot be placed upon them.
  • However, it is also clear that Section 294 of the CrPC does not apply to witnesses who wish to directly produce additional documents during the course of the trial or during the recording of their evidence. 
  • This section specifically applies to documents filed by the prosecution or the accused, not third parties like witnesses.
  • The purpose of Section 294 of the CrPC is to accelerate the pace of the trial by avoiding the waste of time in recording unnecessary evidence.
  • It allows for the admission of documents whose genuineness is not disputed by the opposing party.

It aims to ensure transparency and fairness in the judicial process by allowing both the prosecution and the accused to present relevant documents.


Q1: What is the Code of Criminal Procedure (CrPC)?

Enacted in 1973 (came into force on 1 April 1974), CrPC is the main legislation on procedure for administration of substantive criminal law in India.It provides a procedure for the investigation of crime, the collection of evidence, and the determination of guilt or innocence. The CrPC also covers the arrest and detention of suspects, the conduct of trials, and the sentencing of convicted individuals.

Source: S. 294 CrPC | Calling Accused To Admit/Deny Genuineness Of Documents Produced By Prosecution Not Violation Of Article 20(3) : Supreme Court