It should then follow the chronological sequence of the relevant events (in separate numbered paragraphs), and be expressed in the witness's own language. A witness statement should commence with the full name, address, occupation and the position held by the witness. However, it is important to note that the plaintiff and the defendant can elect not to give evidence during the trial but only call their witnesses to give evidence. If the plaintiff and the defendant intend to give their own oral evidence in court, they should prepare their own witness statements as well.Some important points to note are as follows: Further explanatory notes for preparing a witness statement and a sample witness statement can be obtained from the Resource Centre for Unrepresented Litigants . A good witness statement should be concise in style but comprehensive in contents, covering all the facts relevant to the case. This is because the court usually orders that a witness statement stands as the witness's evidence-in-chief (or "examination-in-chief") at the trial. Witness statements should be prepared with proper care and attention. Witness statements will only be accepted as evidence by the court when the witnesses (who are the authors of these statements) confirm the contents to be true on oath in court at the trial. Witness statements are not made on oath and are different from affidavits or affirmations. These statements are called witness statements. If such oral evidence is relied upon by parties to a civil action, then before the commencement of the trial, the court normally directs that each party has to serve on (deliver to) the other party written statements of such oral evidence, within a specified period of time. Normally, to prove one's case, apart from documentary evidence, one may also need to rely on oral evidence of certain persons who have witnessed certain facts relevant to any issues to be decided at the trial. What is an exchange of witness statements? statement is himself the jurisdictional Magistrate, he shall keep the original of the statement in the case records. If the Judge/Magistrate who had recorded the 164 Cr.P.C. statement is not the jurisdictional Magistrate, he shall send the original statement to the jurisdictional Court, either through a special messenger or by registered post with acknowledgment due. If the Magistrate who had recorded the 164 Cr.P.C. The other certified photocopy of such statement shall be kept in a sealed cover in the safe custody of the Judge/Magistrate. He shall furnish one such certified photocopy of the statement to the Investigating Officer free of cost, immediately, with a specific direction to the latter to use it only for the purpose of investigation and not to make its contents public, until the investigation is completed and final report filed. the Judge/Magistrate shall arrange to take two photocopies of such statement, under his direct supervision and certify the same as true copies. After recording the statement of a witness/victim under Section 164 Cr.P.C. on the request of the Investigating Officer. The Presiding Officer of a Special Court which has been empowered to take cognizance of an offence without there being a need for committal, may also record the statement of a witness/victim under Section 164 Cr P.C. on the request of the Investigating Officer of the case. A Magistrate, whether he has got jurisdiction or not, to inquire into or try the case, can record the statement of a witness/victim under Section 164 Cr.P.C. It is not necessary for the Investigating Officer to approach the CMM/CJM with an application for nominating a Magistrate to record the statement of a witness/victim under Section 164 Cr.P.C. only at the instance of the Investigating Officer of the case. A statement of a witness/victim can be recorded under Section 164 Cr.P.C. To recapitulate and for easy reference, we summarise as follows:Ī.
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