Croos examination ( donot want to disclose the occupation)
Raman
(Querist) 25 December 2012
This query is : Resolved
In 498-A/406 case, if the complainant or his relative who is appered as PW don't want to disclose his/her occupation ( which is not relevant from either side) In waht manner he wants to keep it secret if Prosecution/Defence advocate asked as for general interest?
Is it bound on witness that he shoudl dislcose his/her all her perosnal details as disclosing may exposed his/her fututre prospects??
R.K Nanda
(Expert) 25 December 2012
witness is bound to answer the questions put to him in his X.
Raman
(Querist) 25 December 2012
whether he can reamin silent on certain questions which has no relevance?
R.K Nanda
(Expert) 25 December 2012
no, he cannot remain silent.he has to answer.
Nadeem Qureshi
(Expert) 25 December 2012
Dear Raman
he /she can remain silent and argue before hon'ble court that this is his/her fundamental right providing by Indian constitution. Article 20 (3) says:
No person accused of any offence shall be compelled to be a witness against himself.
and as per your query there is no relevancy regarding the salary or income or occupation. this case is before the court to decide 498A IPC for Cruelty/Harassment and 406 IPC for Breach of Trust.
As per my opinion The accused have right to remain silent and Court can not force to tell.
Feel Free to Call
Sudhir Kumar, Advocate
(Expert) 09 February 2013
Here the complainant is refusing to answer. It is not he rather the court will decide the relevance.
Art 20 applies only when one is accused in criminal case.
Either his profession itself is illegal or is not fetching sufficient income to substantiate allegation of quantum of dowry given.
Raman
(Querist) 09 February 2013
Thanks for reply (Sudhir ji)..Infact my query pertains to the witness profession only whose profession has no relevance with the case
(As far in dowry/maintaenance the profession and amount of his income has relavance)
I am only seekin If I apperd as Witness in any court and I don't want to dislcoe my profession and occupation ( due to fear of lossing job or prospects by faking false complaint by any party) whether Am I have to right to remain silent on query which has no rlevance with case
Raj Kumar Makkad
(Expert) 09 February 2013
You shall have to disclose your profession as the same is a mandatory rule to disclose.
Raman
(Querist) 10 February 2013
Sir, disclosure of profession as per evidence act is only up to limit to rule out whether the witness is genuine and not the professional witness, whether details such as income, nature of duties, place of psting can be concealed?
Sudhir Kumar, Advocate
(Expert) 10 February 2013
witness is nobody to decide relevance of question.
witness is not at liberty to hijack the procedure of justice simply if his profession is not worth disclosure or he can lose job.
