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Trial Court Cannot Take Cognizance of Offence Not Mentioned in Chargesheet Solely Based on Private Witness's Affidavit: Supreme Court

30 Sep 2025 3 min read
Trial Court Cannot Take Cognizance of Offence Not Mentioned in Chargesheet Solely Based on Private Witness's Affidavit: Supreme Court

The Supreme Court of India, in a judgment delivered by a bench comprising Justice Ahsanuddin Amanullah and Justice SC Sharma, has held that a trial court cannot take cognizance of additional offences, such as under Section 394 of the Indian Penal Code (IPC), solely based on affidavits filed by private witnesses. The Court stressed that such additions must be backed by proper investigation records or by ordering further investigation. The…

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