Legal Provisions of Section 275 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Record in warrant-cases:
In the context of Sections 274 and 275 of Cr. P. C. it must be stated that where the witness is in a foreign country outside India and his evidence is to be recorded through video-conferencing, then this is possible only if there exists an extradition treaty between India and that country and the offence of contempt of Court and perjury is also recognised under the criminal law of that country.
ADVERTISEMENTS:
Such video-conferencing may preferably be arranged in a room in the Indian Embassy located in that foreign country in the presence of a responsible officer of the Embassy so that it may be ascertained that the said witness was not tutored and has given evidence independently without any pressure from anyone.
The section describes the manner in which evidence is to be recorded in warrant cases before a Magistrate. If the evidence is not taken down by the Magistrate he has to state reasons as to why it was taken down by some other officer of the Court.
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Normally, the evidence should be recorded in the form of a narrative but the Magistrate has the discretion to record it in question answer form. Any irregularity or non-observance of any of the provisions contained in this section will not vitiate the trial and the conviction and is curable under Sections 464 and 465 of the Code unless it has caused prejudice to the parties or resulted into failure of justice.
ADVERTISEMENTS:
The word ‘witness’ also includes the complainant as he may-also be referred to as the first witness.