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State of Madhya Pradesh - Section

Section 183 in Criminal Courts - Rules and Orders

183. The headings, both of deposition sheets and of continuation sheets, are invariably to be filled up by the presiding officer himself. In the former, the word "oath" will be substituted, when required, for 'affirmation'. The age of the witness slated in the heading will be estimated by the presiding officer, if the witness does not appear to be able to state his own age correctly. If, for any special reason, it is necessary to record the witness own statement as to his age, it will be recorded in the body of the deposition. The particulars as to the name, parentage, residence and occupation of the witness are a part of the deposition itself and are not to be recorded till the oath or affirmation has been administered. The occupation of the witness must be slated with precision. For instances, "servant" is not a sufficient description : it must be stated what kind of servant the witness is. Similarly, "private service", which means nothing more than private employment as opposed to public employment, must be resolved into a particular kind of employment. A witness should not be recorded as by occupation a Government servant, for it is generally useful to know of what standing he is and it is particularly important sometimes to know whether he is a police officer or not. It should be borne in mind that a witness well known locally may not be well known in the Court to which the record may ultimately have to be submitted. If the witness is a married woman her husband's name should replace that of her father.

Note 1. - The name of a European witness should be recorded in full. It is not necessary to record his father's name, and in the case of a well known official the age may be omitted from the heading.Note 2. - Except where it is relevant for the purpose of legal proceedings a witness should not be asked to reveal his caste as a matter of course. It will, however, be open to the Court to ask a witness if the circumstances so justify.