Brief Note on Admission/Denial of Documents (Relevant Section – BNSS/CrPC) 330/294

 Brief Note on Admission/Denial of Documents (Relevant Section – BNSS/CrPC) 330/294

Key Provisions:

  1. Filing of Document List:

    • The prosecution or accused must submit a list of documents they propose to rely on.

    • The opposite party must be called upon to admit or deny the genuineness of each document.

  2. Time Limit:

    • Admission or denial must be done within 30 days from the date of supply of documents.

    • Court may extend this period by recording reasons in writing.

  3. Expert Reports:

    • No expert shall be summoned unless the report is disputed by either party.

  4. Form of List:

    • The State Government may prescribe the format for the list of documents.

  5. Evidentiary Value:

    • If the genuineness is not disputed, the document may be read in evidence without formal proof.

    • The Court may still require proof of signature if it deems necessary.


⚖️ Objective:

To streamline the trial process, avoid unnecessary proof of undisputed documents, and reduce delays in admitting documentary evidence.


📍Landmark Judgment:

📚 State of Maharashtra v. Sukhdev Singh (1992) 3 SCC 700

Held:
  • Admission or denial of documents by the accused must be taken seriously.

  • The purpose is to curtail unnecessary summoning of witnesses for proving documents not genuinely in dispute.

  • Encouraged early scrutiny of documents to expedite the trial process.

The Supreme Court recently ruled in the case of Ashok Daga v. Directorate of Enforcement that requiring an accused to admit or deny the genuineness of a document does not violate their constitutional protection against self-incrimination.

📝 Summary:

This section promotes judicial efficiency by:

  • Ensuring timely disclosure and verification of documents,

  • Preventing avoidable litigation on undisputed facts, and

  • Using discretion to avoid unnecessary expert testimonies unless challenged.

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