Panun Kashmir's Genocide and Atrocities Prevention Bill -2020

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PART V 14.

15.

(1)

The Supreme Court shall have original jurisdiction with regard to any incompatibility between this Act and any other law in force. (2) Any person aggrieved by any order of the COMMISSION may file on appeal against the order in Supreme Court within forty -five days from the date on which the order was passed. Complaint: A complaint under this Act may be made by: (i) an aggrieved person, or (ii) if the aggrieved person is deceased, his nearest relative (iii) an organisation representing the aggrieved person/ s

PART VI

16.

s ' s r e i i t i m h roc 0 s a At 02 K n nd ll -2 u n e a Bi a P id n c o i o t n en e G rev P Rules of Evidence

General Provisions (A)

(B)

(C)

(D)

The rules of evidence set forth in this Section shall govern the proceedings before the COMMISSION. The COMMISSION shall not be bound by national rules of evidence. In cases not otherwise provided for in this Section, a COMMISSION shall apply rules of evidence which will best favour a fair determination of the matter before it and are consonant with the spirit of the Act and the general principles of law. A COMMISSION may admit any relevant evidence which it deems to have probative value. A COMMISSION may request verification of the authenticity of evidence obtained out of court.

Rule 1 Testimony of Witnesses (A) Witnesses shall, in principle, be heard directly by the COMMISSION unless a COMMISSION has ordered that the witness be heard by means of a deposition as provided for in the Indian Evidence Act. (B) Every Testimony made by the witness shall be presumed by the Commission to be true and the burden of proof will be upon the accused to prove it contrary to the facts, (C) A child who, in the opinion of the COMMISSION, does not understand the nature of a solemn declaration, may be permitted to testify without that formality, if the COMMISSION is of the opinion that he is sufficiently mature to be able to report the facts of which he had knowledge and that he understands the duty to tell the truth. A judgment, however, cannot be based on the testimony of one such witness alone. (D) A witness, other than an expert, who has not yet testified shall not be present when the testimony of another witness is given. However, a witness who has heard the testimony of another witness shall not for that reason alone be disqualified from testifying.

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