In order to duly appreciate the provisions of
Section 294 Cr.P.C., it is necessary to refer to the
provision which is reproduced as under:
“294. No formal proof of certain
documents.—(1) Where any document is
filed before any Court by the
prosecution or the accused, the
particulars of every such document
shall be included in a list and the
prosecution or the accused, as the case
may be, or the pleader for the
prosecution or the accused, if any,
shall be called upon to admit or deny
the genuineness of each such document.
(2) The list of documents shall be in
such form as be prescribed by the State
Government.
(3) Where the genuineness of any
document is not disputed, such document
may be read in evidence in inquiry,
trial or other proceeding under this
Code without proof of the signature of
the person to whom it purports to be
signed:
Provided that the Court may, in its
discretion, require such signature to
be proved.”{Para 4}
5) After perusal thereof, it cannot be doubted
that in case any document has been filed by the
prosecution or the accused in any Court, such
document is required to be included in a list. The
genuineness of the documents included in the list
can be ascertained by the Court by calling upon the
prosecution or the accused, as the case may be. If
such document is not disputed, it can be read in
inquiry, trial or other proceedings under Cr.P.C.
without proving the signature of the person to whom
it purports to be. As per proviso thereto, if
necessary, it is on the discretion of the Court to
require such signature to be proved, while applying
the provision of Section 294 (3) Cr.P.C.
6) In the facts of the present case, it is clear
that the documents as sought to be marked as
exhibits by the appellant are part of the
chargesheet and of documents produced by the
prosecution. The appellant, through averments made
in the application, contends that these documents
were included in the list of documents of
prosecution. Learned Additional Solicitor General,
appearing for the CBI, disputes this fact, but on
prima facie examination of the record, it suggests
that the documents sought by accused formed part of
the list of documents produced by CBI. Nevertheless,
we reserve the CBI’s liberty to raise this objection
at the appropriate stage before court.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(Arising out of SLP (Crl.) No. 1383 of 2026)
R. GANESH Vs THE STATE OF TAMIL NADU
Dated: April 27, 2026.
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