Special Leave to Appeal (Crl.) No(s).8535/2024
The Supreme Court of India while dealing with the issue of an accused being called upon to admit or deny the genuineness of documents produced by the prosecution under Section 294 of the Code of Criminal Procedure (CrPC) held that that asking an accused to admit or deny the genuineness of documents produced by the prosecution along with the list under Section 294 of CrPC is not prejudicial to the rights of the accused. The court further clarified that such a requirement does not amount to compelling the accused to be a witness against himself, which is protected under Article 20(3) of the Constitution of India.
Article 20(3) of the Constitution protects an individual from being compelled to be a witness against himself. Whereas, Section 294 of CrPC aims to accelerate the pace of the trial proceedings by reading into the relevant piece of evidence in the trial, leaving aside unnecessary material. It states that where the genuineness of any document is admitted or its formal proof is dispensed with, the same may be read in evidence.
The facts that gave rise to the instant suit involved the petitioner challenging an order where the trial court had observed that deliberate denial of the genuineness of documents by the accused could be considered an ‘aggravating circumstance’ while determining the quantum of sentence if convicted. The Supreme Court, while upholding the overall order, directed the deletion of this specific observation made in paragraph 56 of the impugned order. Therefore, the court in the instant case held that calling the accused to admit/deny the genuineness of the documents produced by the prosecution will not amount to a violation of the right against self-incrimination. However, the adverse observation recorded against the accused was deleted by the Court.
The court emphasized that the petitioner-accused retains the liberty to raise all legally permissible contentions during the course of the trial. This ruling strikes a balance between the procedural requirements of criminal trials and the constitutional protections afforded to accused persons.
This judgment provides clarity on the application of Section 294 of CrPC in relation to document verification, potentially streamlining trial procedures while safeguarding the rights of the accused.