NDLI: State (delhi Administration) Vs. Pali Ram

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Evidence Act 1872-Section 73
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Indian Evidence Act, 1872 - Section 73 - Scope of. Section 73 of the Indian Evidence Act provides that in order to ascertain. whether a writing is that of the person by whom it purports to have been written any writing admitted or proved to the satisfaction of the court to have been written by that person may be compared with the one which is to be proved, although that signature, writing has not been produced or proved for any other purpose. Para 2 of the section provides that the court may direct any person present in court to write in words or figures for the purpose of enabling the court to compare words or figures alleged to have been written by such person. In the course of criminal proceedings before a magistrate the prosecution alleged that one of the basic documents which was of vital importance to establish the case against the accused was in the handwriting of the accused but it could not be compared by the handwriting expert with any specimen writing of the accused because the latter avoided to give any specimen writing and that in the interest of justice the court should direct him to give his specimen writing. Exercising the court's power under s. 73 of the Evidence Act the Magistrate directed the accused to give his specimen handwriting to have it examined by a handwriting expert. Revision preferred by the accused was dismissed by the Sessions Judge. The High Court, in the revision petition filed by the accused, held that the only purpose for which a court may direct any person present in the court (including the accused person) to write words is to enable the court to compare the words and figures with any words and figures alleged to have been written by such person but where the purpose is to enable any of the parties to have the words so written compared from a handwriting expert of that party, the second paragraph of s. 73 would have no application. The High Court therefore held that the order of the Magistrate was beyond the scope of s. 73.
Judge	Hon'ble Mr. Justice R.S. Sarkaria
Neutral Citation	1978 INSC 188
Petitioner	State (delhi Administration)
Respondent	Pali Ram
SCR	[1979] 1 S.C.R. 931
Judgement Date	1978-09-26
Case Number	336

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