A Jurisprudential Research in the Documentations for Denying Gratuitousness Witness in Right of People

Gratuitousness witness refers to the state in which one person voluntarily swears in witness. The majority of jurisprudents have considered such kinds of witnessing in right of people as invalid and subject their view to the documentations such as witness’s being in charge of charges, consensus, or the hadiths on bāb. The note 2 of the article 155 of the Civil Procedure Act considered gratuitousness witness inadmissible already, while the article 204 of the new act ratified in 2013 considered it subject to the inspector’s identification or to the plaintiff’s submission or to the accused request which is in accordance with jurisprudents statement. The present study has used a descriptive-analytical and problem-solving method to review the mentioned documentations and has criticized their validity and has contended that the indications related considerations and the rules of bāb in admitting the witness of the intended person are of significance.