Q.1:- Under which circumstances prosecution can adduce evidence on affidavit?
Ans:- Normal rule is that Court should record every evidence in oral before it according to section 272 to 294. But there are some exceptions like section 295 and 296 of Cr.P.C.
Prosecution can adduce evidence on affidavit in exceptional circumstances like section 295 and 296 of Cr.P.C.
295. Affidavit in proof of conduct of public servants.—When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servants, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.
296. Evidence of formal character on affidavit.—(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.
