Relevancy of statements under certain circumstances.

Section 136

A statement made and signed by a person on appearance in response to any summons issued under section 70 during the course of any inquiry or proceedings under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,—

• (a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or

• (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice.

AI Explanation

Relevance of Statements in Legal Proceedings

When someone responds to a summons issued under section 70 during an inquiry or proceedings under this Act, the statement they make and sign holds importance. This statement can be used as evidence to prove the truth of the facts it contains in a prosecution for an offense under this Act.

Conditions for Relevance

(a) The statement becomes relevant when the person who made it is no longer available due to death, unavailability, incapacity to give evidence, being intentionally kept away by the opposing party, or when their presence cannot be obtained without an unreasonable delay or expense, as determined by the court under the circumstances of the case.

(b) The statement also becomes relevant when the person who made it is examined as a witness in the case before the court, and the court believes that, considering the circumstances, admitting the statement into evidence serves the interest of justice.

Conclusion

In legal proceedings, statements made and signed during the course of inquiries play a crucial role, and their relevance is determined based on specific conditions to ensure fairness and justice.