Legal Provisions of Section 280 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Remarks respecting demeanour of witness:
ADVERTISEMENTS:
The demeanour of a witness affects the evidentiary value of the deposition made by a witness and his credibility. Under this section the Judge or the Magistrate is authorised to record not only the evidence of a witness but also such remarks as he thinks material regarding the demeanour of such witness while under examination.
The Allahabad High Court has held that any observation about the demeanour of a witness in the course of judgment though not illegal is not fair. It is imperative that any noting about the demeanour of witness should be known to the counsel of the parties so that they may make suggestions about the inferences drawn by the Judge/Magistrate from such demeanour. It also helps the Appellate Court too in the appraisal of the evidence given by such witness. The High Court would be right in not attaching too much importance to such remarks.
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