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Supreme Court of India 2017-08-14 allowed

Jasdeep Kaur Chadha vs State (NCT of Delhi) & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court clarified that under Section 145 of the Indian Evidence Act, a witness may be confronted with a previous statement made even after the charge-sheet is filed, provided the statement is in writing and relevant. The Court rejected the High Court's view that previous statements must be confined to those made during police investigation. The judgment overruled the broader principle from State v. Mukesh (as per incuriam) and upheld the law from Tara Singh v. The State, which permits post-investigation statement confrontation as a fairness safeguard for the accused.

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Criminal Procedure Evidence Witness Examination Cross-Examination Code of Criminal Procedure

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