Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973; Sections 273, 274, 275 and 284 lo289/Penal Code, 1860; Sections 338 r/w Sec/ions 109 and 114:Criminal Trial:Video Conferencing-Recording of evidence of witness/witnesses-Admissibility of-Held: electronic records includes records by videoconferencing-A II requisites of recording of evidence would be fully' met withby such recording of evidence-Hence, evidence recorded by video conferencingis admissible in evidence.Recording of evidence by video conferencing-Absence of accused-Effect of-Held. when provision of law for recording of evidence allowsrecording of evidence in the presence of !'leader. it does no/ affect theadmissibility of evidence so recordedRecording of evidence by video conferencing-Conditions of-Held: Thecountry in which evidence of witness would be recorded should have extraditiontreaty with India and in that country contempt of court and perjury arepunishable-Evidence Act~Section 3-Constitution of India, 1950; Article21.Video conferencing-Exam in at ion of witnesses-Procedure-DiscussedInterpretation of Statutes:Examination of witnesses· on commission vis-a-vis Examination ofwitnesses by video conferencing in foreign country-Analogy between-Discussed.Doctrines:Doctrine "Contemporanea exposition est optima et fortissmm ''·-Meaningand applicability of in the context of Criminal Procedure Code, I 973.Words & phrases.'virtual reality', 'ongoing statute' and 'presence '-Meaning of in the contextof Section 273 of Criminal Procedure Code, 1973. |
Judge | Hon'ble Mr. Justice S.N. Variava |
Neutral Citation | 2003 INSC 202 |
Petitioner | The State Of Maharashtra |
Respondent | Dr. Praful B. Desai And Anr. |
SCR | [2003] 3 S.C.R. 244 |
Judgement Date | 2003-04-01 |
Case Number | 476 |
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