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Daily News Analysis

S. 294 CrPC

22nd July, 2024 Polity

S. 294 CrPC

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Context:

  • 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).

Section 294 of the Code of Criminal Procedure (CrPC)

About

 

●Section 294 of the Code of Criminal Procedure (CrPC) allows documents to be admitted into court without formal proof.

●It applies to all documents filed by the prosecution or the accused, including FIRs and X-ray reports, in criminal and quasi criminal proceedings.

Obectives

●Expedite trials: Aimed at ensuring swift and speedy justice in criminal cases.

●Avoid wasting court’s time: Minimize procedural delays to focus on prompt resolution of cases.

●Principles of fair trial: Emphasizes the importance of fair and just trial procedures despite expediting processes.

Provisions

●Admission of documents: Provides a streamlined process for admitting documents into evidence.

●Procedure for submission: Specifies how documents should be filed and listed for the opposite party’s acknowledgment.

●Genuineness of documents: Allows the opposite party to admit or deny the genuineness of submitted documents.

●Deemed genuineness: If not contested, documents are deemed genuine.

Documents covered

●FIR (First Information Report): Considered a document under Section 294 CrPC.

●Medical Reports (such as X-ray reports): Also fall under the ambit of Section 294.

Conditions for Admission Without Formal Proof

●Not Disputed: If the genuineness of a document is not disputed by the opposite party, it is deemed to be proved without requiring formal proof.

●No Compulsion to Admit or Deny:

β—‹The accused or the opposite party is not compelled to admit or deny the genuineness of such documents.

β—‹This is to ensure compliance with Article 20(3) of the Constitution, which protects individuals from being compelled to testify against themselves.

Discretionary powers of court

●Regarding Signatures: Courts have discretion to question the signature on a document or request proof of it if necessary.

●Handling Non-Admitted Documents: If a document presented in court is not admitted due to dispute, it must be proven through regular evidentiary procedures, including witness examination and cross-examination.

Importance of the section

●This section holds importance in the proceedings and trials of the accused in most cases since it can increase the pace of the trial by avoiding the unnecessary and extra hassle of formally proving an obvious document.

●This section, however, does not ignore the principles of natural justice and gives each side the opportunity to be heard and the opportunity of a fair trial; rather, it upholds the principles of natural justice by expediting the trials.

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Sources:

PRACTICE QUESTION

Q.Consider the following statements about “Section 294” of the Code of Criminal Procedure (CrPC) recently seen in news:

1.It allows documents to be admitted into court without formal proof.

2. FIR (First Information Report) and Medical Reports (such as X-ray reports) do not fall under the ambit of documents under Section 294.

3. Its provision complies with the vision of article 20(3)

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: c