Significance of Deponent Signing the Deposition - It is fundamental in criminal law that a witness's deposition must be read over to them and signed immediately to ensure authenticity and voluntariness. Failure to obtain the signature without proper procedure can lead to questions about the deposition's validity and admissibility. Courts emphasize that if a witness does not sign, or if the deposition is not properly read and explained, the evidence's weight diminishes, and it may be deemed inadmissible or unreliable. Magistrates and presiding officers are responsible for ensuring these procedures are followed; neglect can result in legal consequences for them ["SCHOKMAN v. SISISENA et al."], ["MOHAMMED NAZER M.P vs UNION TERRITORY OF LAKSHADWEEP - Kerala"], ["Mohammed Nazer M. P, S/o Attakoya VS Union Territory Of Lakshadweep - Kerala"].
Consequences of Not Signing the Deposition - When a deponent does not sign the deposition, it can undermine the credibility and evidentiary value of the statement, especially if the deposition was not read over or explained to them. Such lapses can lead to the deposition being considered inadmissible or its evidentiary weight being significantly reduced. Courts have also held that failure to secure signatures can be considered a procedural breach, and officers responsible may face consequences for neglecting their duties ["SCHOKMAN v. SISISENA et al."], ["MOHAMMED NAZER M.P vs UNION TERRITORY OF LAKSHADWEEP - Kerala"], ["Mohammed Nazer M. P, S/o Attakoya VS Union Territory Of Lakshadweep - Kerala"].
Impact on Evidence and Legal Proceedings - Depositions not signed or properly recorded may be challenged for authenticity, and their reliability can be questioned since they lack proper attestation. In some cases, courts have quashed convictions or dismissed cases where procedural lapses regarding deposition signing occurred, especially when the absence of signatures was linked to a failure to read or explain the deposition to the deponent ["SCHOKMAN v. SISISENA et al."], Privy Council case.
Additional Considerations - If the deposition is made via affidavit, it is essential that the contents are read over to the deponent and that they affirm the truthfulness of the facts. Failure to do so can lead to questions about the affidavit's credibility and may result in its rejection ["Hatton National Bank Plc. vs - 1. Kodikara Gedara Seetha Sriyani Kumari 2. Attanayake Mudiyanselage Malki Sumudu Attanayake 3. Attanayake Mudiyanselage Malshan Nethsarani Attanayake 4. Attanayake Mudiyanselage Hirusha Deshan Adithya Attanayake All Are At - Supreme Court"]. Moreover, procedural lapses, such as neglecting to obtain signatures, can have serious repercussions, including legal consequences for officers and potential invalidation of the deposition ["MOHAMMED NAZER M.P vs UNION TERRITORY OF LAKSHADWEEP - Kerala"].
Summary: Not signing the deposition sheet can compromise its admissibility and credibility, especially if the process of reading and explaining the deposition is not properly followed. Courts emphasize the importance of obtaining signatures immediately after reading over the deposition to ensure the evidence's integrity. Failure to do so can lead to the deposition being challenged or disregarded, and may also result in legal consequences for officials responsible for procedural lapses.
