CrPC Section 288
⚖️ Section 288 CrPC – Evidence of witness in previous proceeding may be read in evidence in certain cases
Text Summary:
Section 288 allows a previously recorded deposition (testimony) of a witness to be used as evidence in a trial before a Court of Session, under certain conditions.
✅ When is it applicable?
This section applies when:
A case is committed to the Court of Session (i.e., a more serious offence that cannot be tried by a Magistrate and is sent to Sessions Court).
The witness was examined before the committing Magistrate (i.e., during committal proceedings).
During the trial in the Court of Session, the witness is:
Unavailable, or
Unwilling to give evidence,
Or there is some valid reason preventing live testimony.
The Court is satisfied that it is in the interest of justice to admit the previous statement.
📝 What happens?
The deposition recorded before the Magistrate during committal proceedings may be read as evidence during trial in the Sessions Court.
This ensures that important testimony is not lost, especially if the witness cannot be produced again for valid reasons.
🔒 Safeguards:
The Court has discretion and must be satisfied that it is necessary and just to use the earlier testimony.
This is not automatic; the reason for not calling the witness again must be genuine and documented.
📌 Example:
Suppose a witness gave full testimony before a Magistrate in a murder case during committal proceedings. Later, before the Sessions Court trial begins, the witness:
Dies,
Is missing, or
Is too ill to attend.
In such a case, under Section 288, the Sessions Judge may read the earlier statement as evidence, provided it was taken properly and the defense had a chance to cross-examine.
🔗 Related Provisions:
Section 33 of the Indian Evidence Act – also governs the admissibility of previous evidence under similar conditions.
Sections 207–209 CrPC – deal with committal of cases to the Court of Session.
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