S.139 Evidence Act | IO Who Merely Collected Documents Can't Be Cross-Examined With Regard To Its Contents: Punjab & Haryana High Court

The Punjab and Haryana High Court recently refused to grant permission for cross-examination of an Investigating Officer who had collected documents against the Petitioner-accused in a corruption case, citing Section 139 of the Indian Evidence Act.The provision states that a person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness.Accordingly, the High Court held that as per Section 139 of the Indian Evidence Act, the witness (IO) cannot be allowed to be cross-examined regarding contents of exhibited documents during trial as the same will be seen by the trial Court at the time of final adjudication.The bench comprising Justice Arvind Singh Sangwan further added that Supreme Court's judgement in "To issue Certain Guidelines regarding inadequacies and deficiencies in criminal trials v. The State of Andhra Pradesh and others, 2022 (1) SCC (Cri) 100 that provided guidelines for criminal trials is directive in nature. The discretion is left to wisdom of the Presiding Officers to allow the deposition in question and answer format whenever necessary. The Petitioner herein was booked under the Prevention of Corruption Act. He had moved the High Court challenging an order of the trial court dismissing his application seeking permission to cross-examine the IO.The CBI counsel opposed the petition, submitting that the petitioner-accused wants to put questions with regard to contents of these documents, which cannot be permitted, as the same is to be seen and appreciated by the trial Court at the time of final arguments, as the IO is not the person who prepared those documents and he is a witness only of recovery of documents.Finding merit in this submission, the court refused the witness's cross examination by way of question answer format. Since this witness has not prepared these documents and has only collected the same, he cannot be attributed any personal knowledge, for which his cross-examination by way of question and answer format is allowed. Even otherwise the court noted, Section 139 of The Indian Evidence Act does not allow the witness to be cross-examined regarding contents of exhibited documents during trial because the same is seen at the time of final adjudication by the trial Court. Accordingly, the court concluded that the trial Court has passed a well-reasoned order. Finding no ground in interference with Trial Court's order, court dismissed the instant petition. Case Title: Rakesh Jain v. Central Bureau of InvestigationCase No: CRR-1403-2022 (O&M)Citation: 2022 LiveLaw (PH) 181 Click here to read/download the judgment

S.139 Evidence Act | IO Who Merely Collected Documents Can't Be Cross-Examined With Regard To Its Contents: Punjab & Haryana High Court

Drishti Yadav

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