Complainant want to cross examine to the accused

Querist : Anonymous (Querist) 08 July 2020 This query is : Resolved
Dear experts.

294(b) IPC case filed before the Judicial Magistrate by the complainant,
Chief and cross examination done by accused's counsel, now the complainant counsel wants to cross examination. So Pls your valuble advise, how to cross to the accused.

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Dr J C Vashista (Expert) 09 July 2020
Whether the accused has applied u/s 313 CrPC for deposing in his own defence ? If so, you can cross-examine.

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Querist : Anonymous (Querist) 09 July 2020
Petition filed under 200 Crpc, there is no 313 question rises, anyway i want file 311 petition or anyother petition

K Rajasekharan (Expert) 09 July 2020
An accused cannot be a witness for the complainant or the prosecution.He can only be a witness for the defence when he requests it in writing.

The section 311 CrPC is absolutely the power of the court to be exercised exclusively at the judges discretion. The parties can make a request but they have no special day or right under the Section.

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Querist : Anonymous (Querist) 09 July 2020
But, the complainant / prosecution want to bring accused into the witness box, any citation or any other section other than 311 petition.

K Rajasekharan (Expert) 10 July 2020
Indian criminal law as of now forbids such a procedure. Therefore the court would not be able to allow it.

But there is a 2003 committee report by Justice Malimath which recommended a modification to Article 20 (3) of the Constitution that protects the accused from being compelled to be a witness against himself/herself.

The report has not been implemented so far though it is being considered for implementation since 2018 by the present government.

The Committee proposed that the court be given freedom to question the accused to elicit information and draw an adverse inference against the accused in case he/she refuses to answer.

The Committee also suggested that the accused be required to file a statement to the prosecution disclosing his/her stand.

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Rajendra K Goyal (Expert) 10 July 2020
Well advised by the expert K. Rajasekharan sir. Good information.

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