Cross examination by accused
Ranganath
(Querist) 10 April 2012
This query is : Resolved
Ld counsels,
Is it mandatory for accused to cross examine the witnesses on the same day when the witness is testifying. Further is necessary for accused to give reasons to court for postponing the cross examination to a later date.
Please clarify, Thanks.
PARTHA P BORBORA
(Expert) 10 April 2012
If the case is registered on a police report, the accused must cross examin the witness just after completion of the examination in chief. But if the case is not registered on a police report ( a C R case) and the case is a warrent procedure case, it is not mandatory to cross the witness in the same day. In that situation You may cross examination the witness in the same day or may apply for an adjournment. But if the case is not registered on police report ( a C R CASE ) AND it is a summons procedure case you have to examine the witness in the same day.
Adv.R.P.Chugh
(Expert) 10 April 2012
Cross examination ideally should be done on the same day so as to enable the judge to understand the totality of facts better in a comprehensive and consolidated way not in a piecemeal manner. However adjournments are granted usually.
In a warrant case otherwise than on Police Report - the cross examination of the witnesses can be deferred i.e all chief can be done then cross if the accused so desires.
ajay sethi
(Expert) 10 April 2012
days are gone when cross examination was done on same day . the courts are overloaded and adjournments are granted for corss
venkatesh Rao
(Expert) 10 April 2012
Cross examination is preferably to be done soon after chief examination is over. If the court is convinced that in the interest of justice it is expedient to postpone cross upon the prayer of accused, it may do so.
Ranganath
(Querist) 10 April 2012
in case cross examination was not done, what is the procedure deny the right of the accused to cross examine at a later stage.
Case was instituted on police report.
Ranganath
(Querist) 10 April 2012
at a later stage meaning after all evidence were over.
Shonee Kapoor
(Expert) 10 April 2012
Depends on the case.
If there are many witnesses, an approach that let the chief of important witness be concluded and then cross them on the same day.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R Trivedi
(Expert) 11 April 2012
Accused cannot be denied the opportunity to cross examine any witness who has given his affidavit or appeared on oath. The honorable court can fix the date of cross or accused can move an application for cross examination.
Yes, it is not so simple to recall a witness again for cross if accused has already crossed him earlier. Also the court may pass over the cross if despite many dates accused fails to cross and adopts delay tactics.
There is no law which binds the accused to cross the accused on the same day on chief.
Raj Kumar Makkad
(Expert) 11 April 2012
All aspects of the query have already been discussed leaving no scope to enter me.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 April 2012
Well it all depends what suits the accused better. To take cross on the same day or postpone to next date.
It is always better for accused to take cross on next date so that proper questions and supplementry questions are framed in advance.
No of tricks are applied., for which advance home work should be done.
Few examples which are one from many from my records....
1) The in chief or witness had given application EARLIER on medical grounds for seeking date. So now insist for medical fitness certificate.If court does not agree put an application and insist for order on the plea that accused will not be responsible for any medical emergency.
2) Copies of some documents are not given or even if given there is no record in case file., so insist for such copies since relevant for cross. Put an application in writting and insist for orders.
In this melee lot of time will be taken and automatically the cross will be postponed for next date.
Power of negative is perpetual.
Ranganath
(Querist) 11 April 2012
Thanks a lot for the elaborate replies. Appreciate access through this forum for such a treasure trove of knowledge and experience. Thank you all.
Shonee Kapoor
(Expert) 11 April 2012
Never mention.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
