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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
An "Application under Section 116(3) of the Code of Criminal Procedure (Cr.P.C.)" is used in criminal cases to request that the court examine a witness who has not been properly examined during the trial. Here's a guideline for drafting such an application and common mistakes to avoid:
Heading: Begin with court details, case name, and parties involved.
Introduction: Clearly state the purpose of the application, which is to have a witness re-examined under Section 116(3) of the Cr.P.C.
Case Details: Include the case number, the stage of the trial, and specific details about the witness in question.
Reasons for Re-examination: Explain why the re-examination is necessary, such as newly discovered evidence, inconsistencies, or omissions in the witness's earlier testimony.
Witness Details: Provide the witness's name, identifying information, and a summary of their earlier testimony.
Legal Basis: Reference Section 116(3) of the Cr.P.C., which empowers the court to re-examine a witness if deemed necessary.
Relief Sought: Specify the relief you are seeking, which is usually the re-examination of the witness in question.
Common Mistakes to Avoid:
Inaccurate Information: Ensure that all case details, witness information, and the reasons for re-examination are presented accurately.
Ambiguity: Use clear and concise language to avoid any confusion regarding the necessity of re-examination.
Failure to Serve Notice: Notify the relevant parties, including the prosecution and defense, of the application and the intended re-examination.
Improper Language and Formatting: Use legally appropriate language and formatting in the application.
Non-Compliance with Legal Procedures: Follow the correct legal procedures for making such applications and ensure that they are duly registered and served.
Drafting an Application under Section 116(3) of the Cr.P.C. is essential when the re-examination of a witness is deemed necessary for a fair trial. Avoiding common mistakes ensures the application's legal validity and the opportunity to present all relevant evidence. Legal consultation or guidance is often advisable to ensure compliance with the law and the court's procedures.