Admission of execution by party to attested document. In 5th year, I made WritingLaw. Question is, even accepting the allegations of the investigating agency as true, whether offence under Section 67 of Information Technology Act can be stated to have been made out. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. Rent receipts as a whole can be treated to have been exhibited as admitted documents. An attested document not required by law to be attested may be proved as if it was unattested. Ex-facie offence under section 67 is, therefore, not made out.
If cannot even be laid down as an inflexible rule of practice of prudence that under no circumstances can such a conviction be made without corroboration, for a court may, in a particular case, be convinced of the absolute truth of a confession and prepared to act upon it without corroboration; but it may be laid down as a general rule of practice that it is unsafe to rely upon a confession much less on a retracted confession, unless the court is satisfied that the retracted confession is true and voluntary made and has been corroborated in material particulars. Proof of document not required by law to be attested. A youth from Tamil Nadu was on October 30, 2017, for allegedly making abusive comments about Prime Minister Narendra Modi in a private Facebook conversation. Transmission may be addressed to an intended recipient for his personal use. Copies of public documents, to be as good as original documents in certain cases- Notwithstanding anything contained in this Act or any other law for the time being in force, where any public documents concerning any areas within West Bengal have been kept in Pakistan, then copies of such public documents shall, on being authenticated in such manner as may be prescribed from time to time by the State Government by notification in the Official Gazette, be deemed to have taken the place of and to be, the original documents from which such copies were made and all references to the original documents shall be construed as including references to such copies. When there is non-examination of executants of receipt, admissibility of receipts is not proper.
This section lays down that when a document is alleged to be executed, signed or written by certain person it is duty of the person who makes the allegation to prove the fact. According to the report, Section 67 and Section 67 A are being used interchangeably. Related Case- Shyam Sundar Chowkhani versus Kajal Kanti Biswas, 1999 iv Under the law the court has power to compare signatures or handwriting strengthening its findings based on other cogent material and evidence on record. The learned Judges concluded that a true confession voluntarily made could be acted upon with slight evidence to corroborate the same, but a retracted confession requires the Court to be assured that the retraction was an after-thought and that the earlier statement was true. The first question was answered by the learned Trial Judge in the affirmative upon holding that the seized material was proved to be opium. A software engineer learned this the hard way. Pentakota Seetharatnam, 2005 One of the requirements of due execution of Will is its attestation by two or more witnesses which is mandatory.
The following public documents may be proved as follows- 1 Acts, orders or notifications of the General Government in any of its departments, or of the Crown Representative or of any State Government or any department of any State Government- By the records of the departments, certified by the heads of those departments respectively, or By any document purporting to be printed by order of any such Government or as the case may be, of the Crown Representative. On the other hand, the Union of India also preferred Criminal Appeal No. By calling person who was present when the document was written and signed; 3. Both charges should, therefore, be dropped. Even the tiniest amount is huge! Despite getting married after lodging the complaint, the victim-woman had pursued the case, and wanted the ends of justice to be met, said Jayanthi. It can thus be seen that under Section 67 of the Information Technology Act, what is sought to be punished as publication or transmission of materials that is obscene in nature so as to be lascivious or which tends to deprave and corrupt persons who are likely to have access to the same.
But apart from the general rule of prudence, if the circumstances of a particular case raised doubts as to the genuineness of a confession, it would be sufficient to require corroboration of a retracted confession. At times rather than indulging in professional work where his decisions are required, he is more into sending the e-mails to his staff. Related Case- Janaki Narayan Bhoir versus Narayan Namdeo Kadam, 2003 72. The public document or certified copy produced is itself proof of transaction mentioned therein presumption of official act having been done as per Section 114 is that no further evidence is required for purpose of format proof of sale certificate. In support of his aforesaid submission Mr.
Therefore, a confessional statement recorded by such officer in the course of investigation of a person accused of an offence under the Act is admissible in evidence against him. As far as Mehaboob was concerned, his statement did not contain any statement, which could involve him in the offence. On behalf of the Union of India, Mr. Tushar Kumar had propsed the girl in the past but could not take the rejection and therefore, have been continously stalking her online on various social media sites, harassed through email as well by sending her across obscene photos and clips. Sarkar is a resident of Nimta in North-24 Parganas, and worked as a group D staff at a private school in Bangaon.
We, accordingly, dismiss the appeal and maintain the order of conviction and sentence passed against the appellant by the High Court. Singh referred to the decision of the eleven Judge Bench of this Court in State of Bombay vs. Patel Mohmad Asmal Chanchad, 1999 ii It is within jurisdiction of court to instruct a party to submit his writing or signature enabling court to compare and decide the case, if the instructions are not followed court is free to presume what is most closer to justice. Petitioner filed an application Exh. Act is not the same as a statement made under Section 161 of the Code, unless made under threat or coercion.
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officers with his name and his official title, and shall be sealed whenever such officer is authorised by law to make use of a seal, and such copies so certified shall be called certified copies. Datta pointed out that between 2015-17, out of 99 such cases of obscenity that were registered and analysed, 28 involved non-consensual production of images or videos. In other words, just being in Police custody when the statement was made would not, by itself, give rise to an inference that the accused had been compelled to make such statement. That is, the office responsible for the safety of the Portal, taking action on suspect lists when reported by our users, and block the user or close items listed accordingly. . Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
Explanation- Any officer who, by the ordinary course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section. The defence of the accused was that they have been falsely implicated and accused Phool Chand took a specific plea that on 21. As long as such statement was made by the accused at a time when he was not under arrest, the bar under Sections 24 to 27 of the Evidence Act would not operate nor would the provisions of Article 20 3 of the Constitution be attracted. Charge-sheet was filed, therefore, for offences punishable under Section 507 of Indian Penal Code and Section 67 of The Information Technology Act, 2000. Singh, learned Advocate, submitted that having regard to the decisions of this Court in Pon Adithan vs. On the second question, the Trial Judge came to the definite finding that it had been fully proved that the opium had been seized from the possession of accused Phool Chand for which he did not have any valid licence. Proof of signature and handwriting of person alleged to have signed or written document produced.
According to the prosecution, Phool Chand was willing to have the bag searched before the Gazetted Officer. Inspector Lal Ram Dinkar went up to the other person sitting near the well who disclosed his name as Phool Chand son of Sita Ram and resident of Bardiya. B neglects or refuses to point out to A the places in which his house requires repair. If alienation is made under 1951 Act, original sale certificate is kept in original record of competent officer and certified copy is issued in favour of transferee. The learned Judges extracted paragraph 7 of the judgment in Bharat vs. At this point of time the statement of accused Phool Chand was taken where he confessed to the offence complained of. This was repeated on all three.