What should I write in Section 313 regarding the evidence?

In a case under sections 498A, 323, 504, 506 IPC and the 3/4 DP Act, along with a DV case, the prosecution has closed its evidence. What should we write in Section 313 regarding the evidence? The petitioner has admitted many evidences with “if” and “but.” I have documentary evidence, including photographs, medical treatment papers, bills, and bank statements showing money transferred from the husband's account to the wife's account, etc. Please advise separately for section 409A and DV. Should the accused give a statement and present documentary evidence under oath and then appear for cross-examination before the court will read and admit the documentary evidence? Can we submit documentary evidence along with a list of documents? If we file evidence with the list of documents without an oath, will the court read and admit our documentary evidence? If we file documentary evidence with the list of documents, can the prosecution demand cross-examination?

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Advocate By LEAD INDIA Answered: 04 Apr 2025

In a criminal case, if you have documentary evidence, you can submit it along with a list of documents . The court will decide whether to accept it based on the circumstances. Be prepared for cross-examination and provide the evidence under oath for it to be admissible in court. For further legal assistance contact us on our helpline number.
 

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