Code
(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.
Explanation
This section states that when a person’s character is relevant to the case, and it is necessary to prove formal character, the evidence can be given on affidavit. However, the court can, at its discretion, order the person to be examined orally.
Illustration
Imagine a case where the defendant’s character is relevant, and the prosecution needs to prove the defendant’s previous convictions. Under Section 296, the prosecution can provide evidence of these convictions via affidavit instead of calling witnesses to testify in court. However, the court may still choose to have the defendant orally examined to cross-examine them about the convictions.
Common Questions & Answers
Q: What is considered “formal character”?
A: Formal character refers to a person’s past convictions, previous criminal records, or other official records that can be used to assess their character.
Q: Can the defense also use Section 296 to prove the defendant’s character?
A: Yes, the defense can also use this section to provide evidence of the defendant’s good character via affidavit, if relevant to the case.
Q: Can the court reject an affidavit under Section 296?
A: Yes, the court has the discretion to reject an affidavit if it finds it unreliable or insufficient. They can also order the person to be examined orally.
