Admissibility of New & Unverified Documents in Criminal Trials – Legal Reality vs Myth 084 скачать в хорошем качестве

Admissibility of New & Unverified Documents in Criminal Trials – Legal Reality vs Myth 084

#CriminalLaw #EvidenceLaw #IndianLegalSystem #BNSS #CourtroomStrategy #TrialPractice #Admissibility #SupplementaryChargesheet #FurtherInvestigation #LegalEducation #LawStudents #Litigation #Photostat #PublicDocuments #CertifiedCopy When can a new or unverified document be read in evidence during a criminal trial? And when will the court reject it outright? In this video from Indian Legal System, we cut through the noise and explain the exact law + courtroom strategy behind admitting (or blocking) such documents — especially photostat/photocopies, hospital records, and papers produced mid-trial. What you’ll learn (fast): • The law of admissibility for documents introduced during trial • Why unverified/photostat copies usually fail (and the precise exceptions) • How BNSS Sec. 193(9) (old CrPC 173(8)) governs Further Investigation and Supplementary Charge-sheet • The Evidence Law basics under BSA (old Evidence Act) on primary v. secondary evidence, public documents, and certified copies • Supreme Court principles on bringing fresh material after the trial has begun — when courts allow it, and when they don’t • A ready-to-use defence playbook to challenge unverified documents, and a prosecution checklist to avoid getting blocked Core legal framework (clear & practical): • BNSS Sec. 193(9) (old CrPC 173(8)) — No “new” document should reach the record mid-trial without court-permitted Further Investigation, followed by a Supplementary Charge-sheet. Mere production by a witness doesn’t make it part of the record. • BSA (Evidence Law): Primary evidence first; secondary evidence (e.g., photostat) is exceptional and requires a proper foundation (why the original isn’t produced) and authenticity. Public documents are easier to prove via certified copies, not casual photocopies. • Hospital/MLC records: Even if from a government hospital, courts usually insist on certified copies and/or maker/custodian testimony. “Public document” ≠ automatic proof. Courtroom reality vs myth: • Myth: “If it’s a government paper or a hospital record, any photocopy is enough.” Reality: Without certification, foundation, and the right procedure, a photostat fails. • Myth: “Once trial starts, nothing new can ever be brought.” Reality: Courts may allow further investigation sparingly, with leave of the court, when new material truly advances justice — and typically via a supplementary report so the defence isn’t prejudiced. For Defence (how to oppose): • Ask: Is the document part of the charge-sheet? If not, has the court granted leave for further investigation, and has an authentic supplementary charge-sheet been filed? • Challenge mode of proof: Is it certified? Where is the maker/record-keeper? What’s the foundation for secondary evidence? • Keep it crisp in submissions: “Mere marking ≠ proof; no admissibility without proper foundation and procedure.” For Prosecution (how to avoid rejection): • If new material emerges, move an application for Further Investigation; file a Supplementary Charge-sheet. • Use certified copies and the custodian/maker to prove documents — especially for hospital/MLC records. • Ensure the defence gets disclosure; avoid prejudice. Why this matters: Procedural shortcuts with documents often collapse trials or get key evidence thrown out. Understanding the exact route — court permission, supplementary report, certified copies, and proper mode of proof — is the difference between a winning case and an avoidable setback. Who should watch: • Trial lawyers (defence & prosecution) • Law students and interns in litigation • Police/IOs handling charge-sheets and supplementary reports • Anyone who wants a clean, practical grasp on document admissibility in criminal trials About us: This video is brought to you by Indian Legal System — courtroom-first explanations, practical strategy, and legally precise content you can actually use. Call to action: If this helped, subscribe to Indian Legal System, like, comment your questions, and share with your litigation circle. New episodes every week. Disclaimer: Educational content only — not legal advice. Consult your counsel for case-specific strategy. REGULAR TOPICS COVERED IN THIS VIDEO Indian Legal System for False Allegations: Navigate legal processes and safeguard against wrongful accusations. Effective Cross-Examination Techniques: Master the art of cross-examination to Control and seek favourable witness testimony. Understanding False Implications: Explore how the legal system addresses false charges and provides remedies. Preventing Bad Convictions: Learn strategies to avoid unjust outcomes in court. DNA Fingerprinting and Forensic Serology: Insights into forensic science's role in defending against false allegations. Computer Forensic Extraction: Understand how digital evidence can be used to bolster your defence.