Sections 294, 295 and 296 CrPC: No Formal Proof of Documents and Evidence by Affidavit

Section 294 CrPC - No Formal Proof of Certain Documents

Meaning: Section 294 created a procedure for admitting or denying the genuineness of documents filed by the prosecution or the accused. Its object was to avoid unnecessary formal proof where genuineness was not disputed.

When a document was filed before a Court by the prosecution or the accused, the particulars of the document were required to be included in a list. The prosecution or accused, or their pleader where applicable, could then be called upon to admit or deny the genuineness of each document. The list was to be in the form prescribed by the State Government.

If the genuineness of a document was not disputed, the document could be read in evidence in an inquiry, trial or other proceeding under the CrPC without formal proof of the signature of the person by whom it purported to be signed. The Court nevertheless retained discretion to require proof of the signature.

Practical effect of Section 294

• It simplified proof of undisputed documents.
• It reduced the need to summon witnesses merely to establish formal authenticity.
• An admission of genuineness did not automatically decide the truth, relevance or evidentiary weight of every statement contained in the document; those issues depended on the applicable law of evidence and the circumstances of the case.

Section 295 CrPC - Affidavit in Proof of Conduct of Public Servant

Meaning: Section 295 dealt with allegations respecting a public servant made in an application during an inquiry, trial or other proceeding under the CrPC.

The applicant could give evidence of the facts alleged in the application by affidavit. The Court also had discretion, where it considered appropriate, to direct that evidence relating to those facts be given by affidavit.

The provision therefore supplied a procedural method for placing relevant factual material concerning the conduct of a public servant before the criminal Court without necessarily requiring oral evidence at the initial stage.

Section 296 CrPC - Evidence of Formal Character on Affidavit

Meaning: Section 296 permitted evidence of a person whose evidence was of a formal character to be given by affidavit. Subject to just exceptions, such an affidavit could be read in evidence in an inquiry, trial or other proceeding under the CrPC.

The Court could summon and examine the person who made the affidavit if it considered examination necessary. Further, on an application by the prosecution or the accused, the Court was required to summon and examine that person regarding the facts stated in the affidavit.

What is evidence of a formal character?

In general terms, formal evidence concerns matters that are primarily procedural, official or foundational rather than the central disputed facts of the alleged offence. Whether particular evidence is merely formal depends on its nature and its role in the case.