APCrRPCO Section 45 : Blind or Illiterate Deponent

Act

Summary

Section 45 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, addresses the procedure for affidavits sworn by blind or illiterate deponents. It mandates that the affidavit must be read, translated, or explained to the deponent in the presence of the authority. The officer must certify the deponent's understanding and signature, ensuring the affidavit's validity for evidence.

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Explanation using Example

Example 1: Affidavit for a Blind Deponent

Introduction: Ramesh, a blind individual, needs to submit an affidavit in a property dispute case in Andhra Pradesh. The affidavit is written in English, a language he does not understand.

Application: According to Section 45 of The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, when an affidavit is sworn by a blind person, the officer must ensure it is read or explained to the deponent. In Ramesh's case, the officer reads the affidavit aloud in Telugu, a language Ramesh understands. The officer then certifies that Ramesh understood the contents before he signed it.

Outcome: By following this procedure, the affidavit is valid and can be used as evidence in court. Non-compliance, such as failing to read the affidavit to Ramesh, would render it inadmissible.

Conclusion: This ensures that individuals with disabilities are not disadvantaged in legal proceedings and that their affidavits are legally valid.

Example 2: Affidavit for an Illiterate Deponent

Introduction: Lakshmi, an illiterate woman, is required to submit an affidavit in a family court matter. The affidavit is prepared in English.

Application: As per Section 45 of the APCrRPCO, the officer taking the affidavit must read and explai...

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