Introduction:

In a recent judgment, the Jammu and Kashmir High Court addressed the procedural nuances of Section 294 of the Criminal Procedure Code (CrPC), emphasizing that merely filing a list of documents does not fulfill the substantial compliance mandated by the provision. The Court underscored the necessity of providing the adverse party with a specific list of documents for admission or denial, ensuring transparency and adherence to due process.

Background of the Case:

The petitioners challenged an order passed by the Principal Sessions Judge during their trial for alleged offenses under the Prevention of Money Laundering Act. The crux of their objection was the application of Section 294 CrPC, which pertains to the admission or denial of documents during trial proceedings. They contended that the provision’s requirements were not met, as the government had not prescribed the mandatory form required under Section 294(2), and the list of documents annexed with the charge sheet could not substitute the formal list contemplated by the statute.

Court’s Observations and Rulings:

Justice Sanjay Dhar, presiding over the bench, delved into the procedural requirements of Section 294 CrPC. The Court highlighted that:

• Necessity of a Specific List: The Court emphasized that for compliance with Section 294 CrPC, it is imperative to furnish the adverse party with a distinct list of documents intended for admission or denial. This list should contain particulars of each document, ensuring the party is adequately informed and can respond appropriately.
• Inadequacy of Annexed Lists: The bench observed that an index of documents annexed with the charge sheet or complaint does not suffice as a substitute for the list mandated by Section 294 CrPC. Such annexures often contain numerous documents, not all of which are pertinent for admission or denial by the adverse party.
• Reliance on Precedents: The Court referred to the Supreme Court’s decision in Sonu alias Amar vs. State of Haryana, which underscored the necessity of preparing a separate list of documents, containing particulars in line with Section 294(1) CrPC, to be exchanged with the adverse party before eliciting admission or denial.
• Prescribed Format Compliance: Noting that the Government of Jammu and Kashmir had issued a notification prescribing the “form of list of documents” in accordance with Section 330(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mirrors Section 294 CrPC, the Court stressed the importance of adhering to this prescribed format.

Court’s Directive:

In light of the observations, the High Court disposed of the petition with specific directions:

The Special Judge was instructed to direct the complainant to prepare a list of documents sought to be admitted or denied by the accused, adhering to the prescribed format as notified by the government.

This list should be provided to the petitioner before calling upon them to admit or deny the documents, ensuring compliance with the provisions contained in Section 294 CrPC.