Relevancy of statements under summons: signed declarations may be admitted in prosecution evidence when declarant unavailable or justice requires. Section 136 makes a statement made and signed in response to a summons under section 70 relevant to prove its facts in prosecutions under the Act where the declarant is dead, cannot be found, incapable of giving evidence, is kept away by an adverse party, or where obtaining the declarant's presence would cause unreasonable delay or expense; it also permits admission when the declarant testifies if the court, considering the circumstances, admits the statement in the interest of justice.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Relevancy of statements under summons: signed declarations may be admitted in prosecution evidence when declarant unavailable or justice requires.
Section 136 makes a statement made and signed in response to a summons under section 70 relevant to prove its facts in prosecutions under the Act where the declarant is dead, cannot be found, incapable of giving evidence, is kept away by an adverse party, or where obtaining the declarant's presence would cause unreasonable delay or expense; it also permits admission when the declarant testifies if the court, considering the circumstances, admits the statement in the interest of justice.
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