Cross examination of 1 respondent by another respondent
Querist :
Anonymous
(Querist) 24 November 2017
This query is : Resolved
Hello!
Is there a provision in the Indian law that permits one respondent to cross examine another respondent in a domestic violence case? If there is, it would help to know the specifics and if not, it would help to know of any judgements passed to this effect.
Thank you!
Vijay Raj Mahajan
(Expert) 25 November 2017
Yes the cross examination of one respondent by another respondent possible in any suit/case civil or criminal.
The section 137 of the Indian Evidence Act,1872 provides : Cross-examination - The examination of a witness by the adverse party shall be called his cross examination.
Section 138 of the Act provides: Order of examinations - Witnesses shall be first examined-in-chief, then (if the adverse part so desires) cross-examined, then (if the part calling him so desire) re-examined.
Section 145 of the Act provides -Cross-examination as to previous statements in writing - A witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matters in question, without such writing being shown to him or being proved; but, if it intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
Section 154 of the Act provides - Question by party to his own witness - (1) The Court may, in its discretion, permit the person, who calls a witness to put any question to him which might be put in cross-examination by the adverse party.
Basically the process of cross examination is allowed to test the veracity of the witness, the one respondent whose statement or writing by any means is adverse to the other respondent in same suit or case, the respondent who is adverse party has right to cross examine such other respondent.
P. Venu
(Expert) 25 November 2017
What are the facts? What is the issue?
Dr J C Vashista
(Expert) 25 November 2017
Sorry for an anonymous person for academic question paper.
