Section 219A of the Criminal Procedure Act
Section 219A of the Criminal Procedure Act is a legal provision that deals with the admissibility of video or audio-recorded evidence in criminal trials in certain circumstances.
The section states that video or audio-recorded evidence obtained through a covert operation by law enforcement agencies or private individuals is admissible in criminal proceedings if it is relevant to the case and its admission would not render the trial unfair.
However, there are strict conditions for the admissibility of such evidence. The court must be satisfied that the probative value of the evidence outweighs any prejudicial effect it may have on the accused. Additionally, the evidence can be admitted only if the conduct of obtaining it was lawful and complied with any relevant regulation or code of practice.
Section 219A aims to strike a balance between the need to gather evidence through covert means and the rights of the accused to a fair trial. It is applicable in countries that have a Criminal Procedure Act with a similar provision.
Section 219A of the Criminal Procedure Act refers to the procedures for the admission of expert evidence in criminal proceedings in certain circumstances. Here is a step-by-step breakdown of the section:
1. Section 219A establishes the guidelines and procedures for the admission of expert evidence in criminal proceedings.
2. The purpose of this section is to ensure that expert evidence presented in court is reliable and relevant, and to prevent the admission of evidence that may mislead or prejudice the jury or the court.
3. The section states that expert evidence may be admitted if it would genuinely assist the court in determining a fact in issue in the case.
4. Before expert evidence can be admitted, the court must determine whether the evidence meets certain criteria, including:
a. The evidence must be based on the expert's specialized knowledge, skill, or experience.
b. The expert must be impartial and independent.
c. The expert's evidence must be capable of being tested and challenged by cross-examination.
5. The court must also consider any prejudicial effect that the evidence may have on the fairness of the trial, weighing its probative value against its potential to cause unfair prejudice.
6. If the court decides to admit the expert evidence, it must give reasons for its decision and ensure that any conditions necessary to maintain fairness and reliability are imposed.
7. The court may also exclude the expert evidence or limit its scope if it is satisfied that the probative value of the evidence is substantially outweighed by the risk of unfair prejudice, confusion, or waste of time.
8. If the court permits the expert evidence, the expert may be required to give the opinion and the reasons for it, as well as any other relevant information or details.
9. This section sets the standard for the admissibility and reliability of expert evidence in criminal proceedings and aims to ensure a fair and just trial for all parties involved.
Please note that the specifics and details of Section 219A may vary depending on the jurisdiction in which the Criminal Procedure Act is applicable. It is always advisable to consult the specific legislation or seek legal advice for a comprehensive understanding of the law in a particular jurisdiction.
Section 219A of the Criminal Procedure Act is a specific section of legislation within a particular jurisdiction's criminal procedure laws. In order to fully understand what this section entails and what it covers, one would need to consult the exact wording of the legislation.
To find Section 219A of the Criminal Procedure Act, you can follow these steps:
1. Identify the jurisdiction: Determine the country or state in which the legislation is applicable. The Criminal Procedure Act can differ from jurisdiction to jurisdiction.
2. Conduct an online search: Use a search engine and enter the name of the jurisdiction along with "Criminal Procedure Act" to find the official website or online database where the legislation is published.
3. Locate the Criminal Procedure Act: Once you find the official website or database, navigate to the section that contains the relevant legislation. It may be listed under a specific category or search by act number or name.
4. Search for Section 219A: Within the Criminal Procedure Act, look for a table of contents, index, or search bar to locate Section 219A directly.
5. Read the section: Once you have located Section 219A, carefully read and interpret the language of the legislation to understand its meaning and purpose.
Note: The specific process may vary depending on the jurisdiction and the accessibility of the legislation online. It is recommended to consult the official sources or legal professionals for accurate and up-to-date information.