Right to Silence in PW 1 cross
Querist :
Anonymous
(Querist) 01 October 2010
This query is : Resolved
Judge has ordered for Joint Trial in Divorce, Custody and Maintainence. I have been asked to file Proof of Affidavit, Mark and than to be crossed by the opposite
side.
But in the recent Narcotics Judgment of the Honorable Supreme court has held that " Right to silence is enshrined" Does that mean that I can refuse to answer all the questions posed to me in the PW 1 Cross.
Apex court ruling in Cr appeal 1267 of 2004
Date of Judgment 5 may 2010.
s.subramanian
(Expert) 01 October 2010
No. If you refuse to answer during cross examination,the courts will record your refusal and draw an adverse inference against you. The judgment cited by you is not on this point at all. Do not get confused. It relates to the rights of the accused guranteeed by Arts.20 to 22 of the Constitution of India. It is based on the Rule against Self-incrimination.
