# officers in regard to the use of evidence brought on record under section 288 of the

- **Citation:** C.L No. 46/VII-b-31
- **Court:** Allahabad High Court
- **Decided:** 2009-05-19
- **Case number:** C.L No. 46/VII-b-31
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/officers-in-regard-to-the-use-of-evidence-brought-on-record-under-section-288-163570
- **Pages:** 2

## Text

340
officers in regard to the use of evidence brought on record under section 288 of the
Code of Criminal Procedure.
Attention of all Sessions Judges and District Magistrates is drawn to the Supreme
Court's judgment in Tara Singh versus State in which these matters have been fully
considered. The case is reported in 1951, A.L.J., at page 640.
C.L No. 46/VII-b-31 dated 4th May, 1953
Attention of all Additional and Assistant Sessions Judges and Sessions Judges is
drawn to the Court's judgment in Criminal Appeal No. 748 of 1949 reported in I.L.R.
(1953) (1) All. 197,regarding the scope and object of sections 162 and 288+ of the Code
of Criminal Procedure and section 145 of the Evidence Act.
Discharge of International obligation assumed by India under the Hague
Convention on Taking Evidence Abroad in Civil and Commercial matters by
resorting to the procedure for recording evidence as provided under the Convention
by Indian Courts.
C.L. No. 27/2009/Admin. ̳G-II': Dated: May 19, 2009

Upon consideration of D.O. No. 9(1)/09-Judl; Dated 9.1.2009 of Sri T.K.
Vishwanathan, Law Secretary, Government of India, Ministry of Law & Justice,
Department of Legal Affairs, Shastri Bhavan, New Delhi informing about accession to
the Hague Convention on Taking Evidence Abroad in Civil and Commercial matters and
thereby arising international obligation under the said Convention to follow the procedure
for evidence as per provisions of the Convention, the Hon'ble Court has desired that the
Subordinate Courts under its administrative control should be directed to sincerely abide
by procedure as provided in Hague Convention on Taking Evidence Abroad in Civil and
Commercial matters for recording the evidence.

While enclosing a copy of the complete text of the Hague Convention on Taking
Evidence Abroad in Civil and Commercial matters and a copy of letter dated 9.1.2009 of
Sri T.K. Vishwanathan, Law Secretary, Government of India, Ministry of Law and
Justice, Department of Legal Affairs, I am directed to request you to kindly impress upon
the Judicial Officers working under your administrative control to ensure compliance of
the above directions of the Hon'ble Court with all sincerity.
Execution of Requests for service of summons/notices under The Hague Convention
on service Abroad of the Judicial or Extra-Judicial Documents in Civil and
Commercial Matters, 1965.
C.L. No. 24/2009/Admin. ̳G-II': Dated: May 15, 2009

Upon consideration of the letter dated 30.09.2008 of the Government of India,
Ministry of Law and Justice, Department of Legal Affairs whereby, it has been informed
that India has become a party to the Hague Convention on Service Abroad of the Judicial
or Extra-Judicial Documents in Civil and Commercial matters, 1965 with effect from 1st
August 2007 and as a result of this, has assumed an obligation to ensure service of

 Note: Since repealed by Cr.P.C., 1973
 Note: Now Chief Judicial Magistrate
341
summons/notices on reciprocal basis received from other State parties to the Convention
in India and that the process servers are not making sincere efforts to effect serve of
summons and notices on the notices, the Hon'ble High Court has resolved that all the
subordinate Courts be instructed to ensure service of summons/notices on the notices, the
requests of which have been received, in a proper manner and punctilious manner giving
effect to the provisions of aforesaid Convention in letter and spirit.

While enclosing a copy of text of the Hague Convention on Service Abroad of the
Judicial or Extra-Judicial Documents in Civil and Commercial matters, 1965 alongwith
copy of letter dated 30.09.2008 of the Government of India, Ministry of Law and Justice I
am, therefore, to request you to kindly direct all the Judicial Officers working under your
administrative control to ensure compliance of the above direction in right earnest.
38.
EXHIBITS
G.L. NO. 11/VIII-a-40 dated 17th March, 1949 read with
G.L. No. 14/VIII-a-41 dated 22nd April, 1949
When only a portion of a statement previously made by a witness has been put to
him for the purpose of corroborating or contradicting him under section 157 or 145 of the
Indian Evidence Act, only such portion of the statement should be proved. The Sessions
Judge should get an extract prepared from the statement and have an exhibit mark put on
such extract only and not on the whole statement. The extract should indicate the source
from which it has been prepared and a copy of the entire statement which may be on the
file should be placed among papers on the record which have not been proved and
exhibited so that it may be referred to, if and when necessary.
G.L. No. 14/VIII-a-42 dated 22nd April, 1949
In cases in which a witness is asked as to why he failed to state certain facts in the
lower court, which he has subsequently added in his statement before the Court of
Session, it is not necessary for the purpose of proving such omissions to exhibit the entire
statement of the witness before the lower court. The Judge should, in such cases, read the
statement and make a note to the effect that the omission exists. A copy of the entire
statement in which the omission exists should, however, be put on the file among the
papers not proved and not exhibited so that it might be referred to, if and when necessary.
39.
Transmission of exhibits to court
G.L. No. 11/VIII-a-41 dated 2nd May, 1950
Sessions Judges should follow the provisions of rule 135, Chapter XIII of the
General Rules (Criminal), 1957 and exercise their discretion carefully in the matter of
selecting exhibits for transmission to the High Court so as to ensure that all important
and necessary material exhibits are sent to the Court in the event of an appeal. Even if, in
the opinion of the Judge, no material exhibits need be transmitted to the High Court in
the event of an appeal, an order to that effect should be recorded by him at the conclusion
of the trial.

 Note: Now 1977 vide notification no. 504/Vb-13 dated 5/11/83